HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Amendment (with title amendment)
15	Between lines 1149 and 1150, insert:
16	Section 29. Section 766.185, Florida Statutes, is created
17	to read:
18	766.185 Apportionment of fault in medical negligence
19	actions.--
20	(1) In an action for damages for personal injury or
21	wrongful death arising out of medical negligence, whether in
22	contract or tort, when a defendant asserts an affirmative
23	defense that one or more nonparties is liable, in whole or in
24	part, for damages arising out of medical negligence, such
25	defendant must join the nonparties into the action by means of a
26	third-party complaint asserting a cause of action for
27	comparative fault in medical negligence against the nonparties,
28	except with respect to a nonparty who meets one of the following
29	criteria:
30	(a) The nonparty has entered into a settlement with each
31	of the plaintiffs;
32	(b) The nonparty has complete immunity from suit;
33	(c) The statute of limitations involving the nonparty
34	expired prior to filing of the presuit notice of intent to
35	initiate medical malpractice litigation; or
36	(d) The nonparty cannot be otherwise legally joined to the
37	suit.
38	(2) If the defendant has reasonable grounds to believe
39	during the presuit investigation that one or more nonparties are
40	liable, in whole or in part, for damages arising out of medical
41	negligence and that such nonparties would be joinable into the
42	action under this section, the defendant must notify the
43	claimant in writing of the identity and reasonable grounds for
44	inclusions of such nonparty in the action within 10 days after
45	obtaining such information.
46	(3) If the defendant fails to comply with the provisions
47	set forth in this section, then the defendant shall be estopped
48	from asserting the negligence of the nonparty who should have
49	otherwise been joined into the action.
50	(4) Any third party joined into the action under the
51	provisions of this section shall be liable to the plaintiff for
52	any damages adjudicated by the trier of fact subject to the
53	provisions of this chapter.
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56	================= T I T L E A M E N D M E N T =================
57	Remove line(s) 78, and insert:
58	medical negligence; creating s. 766.185, F.S.; requiring joinder
59	of certain parties; prohibiting the assignment of fault to such
60	parties if not joined; amending s. 766.202, F.S.; providing