Florida Statute 766.203 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.203 Presuit investigation of medical negligence claims and defenses by prospective parties.—

(1) APPLICATION OF PRESUIT INVESTIGATION.—Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 shall apply to all medical negligence claims and defenses. This shall include:

(a) Rights of action under s. 768.19 and defenses thereto.

(b) Rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 768.28 and defenses thereto.

(2) PRESUIT INVESTIGATION BY CLAIMANT.—Prior to issuing notification of intent to initiate medical negligence litigation pursuant to s. 766.106, the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that:

(a) Any named defendant in the litigation was negligent in the care or treatment of the claimant; and

(b) Such negligence resulted in injury to the claimant.

Corroboration of reasonable grounds to initiate medical negligence litigation shall be provided by the claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202(6), at the time the notice of intent to initiate litigation is mailed, which statement shall corroborate reasonable grounds to support the claim of medical negligence.

(3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.—Prior to issuing its response to the claimant’s notice of intent to initiate litigation, during the time period for response authorized pursuant to s. 766.106, the prospective defendant or the defendant’s insurer or self-insurer shall conduct an investigation as provided in s. 766.106(3) to ascertain whether there are reasonable grounds to believe that:

(a) The defendant was negligent in the care or treatment of the claimant; and

(b) Such negligence resulted in injury to the claimant.

Corroboration of lack of reasonable grounds for medical negligence litigation shall be provided with any response rejecting the claim by the defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202(6), at the time the response rejecting the claim is mailed, which statement shall corroborate reasonable grounds for lack of negligent injury sufficient to support the response denying negligent injury.

(4) PRESUIT MEDICAL EXPERT OPINION.—The medical expert opinions required by this section are subject to discovery. The opinions shall specify whether any previous opinion by the same medical expert has been disqualified and if so the name of the court and the case number in which the ruling was issued.

History.—s. 50, ch. 88-1; s. 26, ch. 88-277; s. 33, ch. 91-110; s. 113, ch. 92-33; s. 3, ch. 92-278; s. 60, ch. 2003-416; s. 154, ch. 2004-5.

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Amendments to 766.203

Annotations, Discussions, Cases:

Cases Citing Statute 766.203

Total Results: 137

Kukral v. Mekras

679 So. 2d 278, 1996 WL 316134

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665987

Cited 64 times | Published

the presuit investigation requirements of section 766.203(2), Florida Statutes (1991). FACTS The essential

University of Miami v. Echarte

618 So. 2d 189, 1993 WL 152668

Supreme Court of Florida | Filed: May 13, 1993 | Docket: 405771

Cited 33 times | Published

the claimant's injury. § 766.203(2), Fla. Stat. (Supp. 1988). Section 766.203(2) also requires that the

Stebilla v. Mussallem

595 So. 2d 136, 1992 WL 24470

District Court of Appeal of Florida | Filed: Feb 14, 1992 | Docket: 1299226

Cited 27 times | Published

entirety that the corroboration required by section 766.203(2), although statutorily required (in this

Fassy v. Crowley

884 So. 2d 359, 2004 WL 2008478

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 1281861

Cited 22 times | Published

106 presuit screening requirements. Whether section 766.203 presuit requirements apply to a cause of action

Fox v. McCaw Cellular Communications

745 So. 2d 330, 1998 WL 870859

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 1689183

Cited 21 times | Published

admitting liability and arbitrating damages); and § 766.203(3), Fla.Stat. (1997) (before responding to presuit

Ragoonanan v. Assocs. in Obstetrics & Gynecology

619 So. 2d 482, 1993 WL 196317

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1381989

Cited 18 times | Published

Ragoonanans' claim rests on a reasonable basis. Section 766.203(2) requires that Prior to issuing notification

MARTIN MEMORIAL MEDICAL CENTER v. Herber

984 So. 2d 661, 2008 Fla. App. LEXIS 9436, 2008 WL 2512397

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 1288971

Cited 16 times | Published

requirements of a presuit investigation under section 766.203 results in irreparable harm. Citron v. Shell

Musculoskeletal Institute v. Parham

745 So. 2d 946

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 352781

Cited 16 times | Published

negligence claims and defenses." Likewise, section 766.203(2) provides that "[p]rior to issuing notification

Archer v. Maddux

645 So. 2d 544, 1994 WL 630814

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1222892

Cited 15 times | Published

support the response denying negligent injury. *546 § 766.203, Fla. Stat. (1993). These provisions were enacted

Archer v. Maddux

645 So. 2d 544, 1994 WL 630814

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 1222892

Cited 15 times | Published

support the response denying negligent injury. *546 § 766.203, Fla. Stat. (1993). These provisions were enacted

Oliveros v. Adventist Health Systems/Sunbelt, Inc.

45 So. 3d 873, 2010 Fla. App. LEXIS 12923, 2010 WL 3447253

District Court of Appeal of Florida | Filed: Sep 3, 2010 | Docket: 2525062

Cited 13 times | Published

to comply with the presuit requirements of section 766.203(2), Florida Statutes (2006), by failing to

Apostolico v. Orlando Regional Health Care System, Inc.

871 So. 2d 283, 2004 Fla. App. LEXIS 3847, 2004 WL 587660

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1300574

Cited 13 times | Published

medical negligence action, as required by section 766.203(2), Florida Statutes (2002). In her affidavit

Integrated Health Care Serv., Inc. v. Lang-Redway

840 So. 2d 974, 27 Fla. L. Weekly Supp. 1030, 2002 Fla. LEXIS 2591, 2002 WL 31769252

Supreme Court of Florida | Filed: Dec 12, 2002 | Docket: 1748206

Cited 13 times | Published

88-1, § 48, at 164, Laws of Fla. Pursuant to section 766.203(1), presuit investigation requirements apply

FORT WALTON BEACH MED. CENTER v. Dingler

697 So. 2d 575

District Court of Appeal of Florida | Filed: Aug 5, 1997 | Docket: 1776890

Cited 13 times | Published

to corroborate their claim as required by section 766.203(3), Florida Statutes (1991), because Dr. Oppenheim

Duffy v. Brooker

614 So. 2d 539, 1993 WL 8994

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1509854

Cited 13 times | Published

for the death of her husband. Pursuant to section 766.203(2), the notice was accompanied by the four

Michael Clare, M.D. v. Lynch

220 So. 3d 1258, 2017 WL 2664320, 2017 Fla. App. LEXIS 8924

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078176

Cited 12 times | Published

initiate medical negligence litigation” under section 766.203(2), the written affidavit of Dr. Benjamin Over-ley

Holmes Regional Medical Center, Inc. v. Dumigan

151 So. 3d 1282, 2014 Fla. App. LEXIS 20157, 2014 WL 6990548

District Court of Appeal of Florida | Filed: Dec 12, 2014 | Docket: 60244423

Cited 12 times | Published

the presuit notice requirements set forth in section 766.203(2), the defendant suffers a material injury

Baptist Medical Center of the Beaches, Inc. v. Rhodin

40 So. 3d 112, 2010 Fla. App. LEXIS 10454, 2010 WL 2795380

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1666945

Cited 12 times | Published

caused injury to Mr. Rhodin. As required by section 766.203(2), Florida Statutes (2009), respondents filed

Largie v. Gregorian

913 So. 2d 635, 2005 WL 1631086

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1698277

Cited 11 times | Published

"a verified written medical expert opinion." § 766.203(2), Fla. Stat. (2002); see also § 766.104(1),

Cohen v. Dauphinee

739 So. 2d 68, 1999 WL 236248

Supreme Court of Florida | Filed: Apr 15, 1999 | Docket: 1293999

Cited 11 times | Published

with the presuit screening requirements of section 766.203(2). See id. The trial court directed a verdict

Okaloosa County v. Custer

697 So. 2d 1297, 1997 WL 528292

District Court of Appeal of Florida | Filed: Aug 19, 1997 | Docket: 1777523

Cited 11 times | Published

and response to the motion to dismiss. [2] Section 766.203(2)(b), Fla. Stat., contains the requirement

Citron v. Shell

689 So. 2d 1288, 1997 WL 133789

District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 1477418

Cited 10 times | Published

discoverable. He fails, however, to consider section 766.203(2), which provides that: "Corroboration of

Shands Teaching Hospital v. Miller

642 So. 2d 48, 1994 WL 447285

District Court of Appeal of Florida | Filed: Aug 22, 1994 | Docket: 2566913

Cited 10 times | Published

notice of intent was mailed, as required by section 766.203(2), nor was one submitted prior to the running

Rell v. McCulla

101 So. 3d 878, 2012 WL 4841360, 2012 Fla. App. LEXIS 17688

District Court of Appeal of Florida | Filed: Oct 12, 2012 | Docket: 60226432

Cited 9 times | Published

the presuit notice requirements set forth in section 766.203(2), Florida Statutes (2011). Because we hold

Royle v. Florida Hosp.-East Orlando

679 So. 2d 1209, 1996 WL 464237

District Court of Appeal of Florida | Filed: Aug 16, 1996 | Docket: 1214691

Cited 9 times | Published

claim of medical negligence as required by section 766.203(2)(b), Florida Statutes (1995). We affirm.

Kozel v. Ostendorf

603 So. 2d 602, 1992 WL 171577

District Court of Appeal of Florida | Filed: Jul 24, 1992 | Docket: 1739068

Cited 9 times | Published

the presuit investigation requirements of section 766.203(2), Florida Statutes (1989). An order granting

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516

Cited 8 times | Published

written medical expert opinion, as required by section 766.203(2), Florida Statutes (2011). The expert opinion

Joseph v. University Behavioral LLC

71 So. 3d 913, 2011 Fla. App. LEXIS 15862, 2011 WL 5108524

District Court of Appeal of Florida | Filed: Oct 7, 2011 | Docket: 60303168

Cited 8 times | Published

action pursuant to Florida Statutes § 766.106 and § 766.203.” UBC then moved for summary judgment on the grounds

Holden v. Bober

39 So. 3d 396, 2010 Fla. App. LEXIS 9131, 2010 WL 2507279

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1923934

Cited 8 times | Published

for a claim against Dr. Gu as required by section 766.203(2) before issuing the notice of intent. The

Escobar v. Olortegui

662 So. 2d 1361, 1995 WL 689543

District Court of Appeal of Florida | Filed: Nov 22, 1995 | Docket: 1282787

Cited 8 times | Published

denied, 545 So.2d 1368 (Fla. 1989). Indeed, section 766.203, Florida Statutes (1993) expressly states in

Davis v. ORLANDO REGIONAL MEDICAL CTR.

654 So. 2d 664, 1995 WL 275749

District Court of Appeal of Florida | Filed: May 12, 1995 | Docket: 1303652

Cited 8 times | Published

expert opinion was provided to ORMC pursuant to section 766.203(2), Florida Statutes (1993). The opinion provided

Broadway v. Bay Hospital, Inc.

638 So. 2d 176, 1994 WL 257045

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 1652572

Cited 8 times | Published

in dismissing their complaint; and (3) that section 766.203(2), Florida Statutes, which imposes as a condition

Yocom v. Wuesthoff Health Systems, Inc.

880 So. 2d 787, 2004 Fla. App. LEXIS 10564, 2004 WL 1584783

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1294803

Cited 7 times | Published

malpractice presuit investigation pursuant to section 766.203(2), Florida Statutes (2001), with respect to

Suarez v. St. Joseph's Hosp., Inc.

634 So. 2d 217, 1994 WL 94136

District Court of Appeal of Florida | Filed: Mar 23, 1994 | Docket: 1472489

Cited 7 times | Published

her pleadings and attempt compliance with section 766.203(2)(b), Florida Statutes (1989). St. Joseph's

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709237

Cited 6 times | Published

complaint against Petitioners pursuant to section 766.203. We hold that the trial court clearly departed

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709237

Cited 6 times | Published

complaint against Petitioners pursuant to section 766.203. We hold that the trial court clearly departed

Franks v. Bowers

116 So. 3d 1240, 38 Fla. L. Weekly Supp. 416, 2013 WL 3064807, 2013 Fla. LEXIS 1222

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232304

Cited 6 times | Published

reasonable grounds to show a negligent injury. § 766.203(3)(b). The claimant benefits from the requirement

Michael v. Medical Staffing Network, Inc.

947 So. 2d 614, 2007 WL 57604

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 2490352

Cited 6 times | Published

each claim against each defendant. Instead, section 766.203(2), Florida Statutes, indicates that "[c]orroboration

Clark v. Sarasota County Public Hospital Board

65 F. Supp. 2d 1308, 1998 U.S. Dist. LEXIS 22696, 1998 WL 1112980

District Court, M.D. Florida | Filed: Aug 31, 1998 | Docket: 2297682

Cited 6 times | Published

serving his notice of intent to sue pursuant to § 766.203(2), Florida Statutes.[2] Specifically, *1311 the

Correa v. Robertson

693 So. 2d 619, 1997 WL 133934

District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 435346

Cited 6 times | Published

Weinstock, 629 So.2d at 836-37.[2] Compliance with section 766.203 is a condition precedent to maintaining an

Faber v. Wrobel

673 So. 2d 871, 1995 WL 715489

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1671343

Cited 6 times | Published

sent to the defendants. In accordance with section 766.203(2)(b), Dr. Gardner's opinion was provided with

Wolfsen v. Applegate

619 So. 2d 1050, 1993 WL 210583

District Court of Appeal of Florida | Filed: Jun 18, 1993 | Docket: 1381557

Cited 6 times | Published

of medical negligence," as contemplated by section 766.203(2), Florida Statutes (1989). The trial court

Williams v. Powers

619 So. 2d 980, 1993 WL 125164

District Court of Appeal of Florida | Filed: Apr 23, 1993 | Docket: 1721844

Cited 6 times | Published

bolster its rejection, as contemplated by section 766.203(3)(b). The hospital argued none was required

Wainscott v. Rindley

610 So. 2d 649, 1992 WL 370265

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1734713

Cited 6 times | Published

Rindley's defenses for failure to comply with section 766.203(3), Florida Statutes (1989),[3] by omitting

The National Deaf Academy, LLC, etc. v. Denise Townes, etc.

242 So. 3d 303

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6376661

Cited 5 times | Published

medical malpractice occurred. Id. § 766.203(2); see generally id. § 766

Oken v. Williams

23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414

Cited 5 times | Published

with the presuit requirements outlined in section 766.203(2), Florida Statutes. One of these requirements

Germ v. St. Luke's Hosp. Ass'n

993 So. 2d 576, 2008 WL 4683288

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 2550270

Cited 5 times | Published

McLanahan in the initial action. Pursuant to section 766.203, Florida Statutes (2006), Appellants were required

Medina v. Public Health Trust

743 So. 2d 541, 1999 WL 123564

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1243183

Cited 5 times | Published

of Miami School of Medicine, as required by section 766.203, Florida Statutes (1997). The Notices asserted

Watson v. Beckman

695 So. 2d 436, 1997 WL 269173

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1522042

Cited 5 times | Published

initiate litigation[1] does not justify dismissal. § 766.203(2), Fla. Stat. (1993). That requirement was waived

Plantz v. John

170 So. 3d 822, 2015 Fla. App. LEXIS 3868, 2015 WL 1540230

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 60249516

Cited 4 times | Published

grounds asserted to support the Estate’s claim. See § 766.203(2). Dr. Plantz commenced formal discovery concerning

Glen Murphy v. Aldolfo C. Dulay

768 F.3d 1360, 2014 U.S. App. LEXIS 19311, 2014 WL 5072710

Court of Appeals for the Eleventh Circuit | Filed: Oct 10, 2014 | Docket: 1440801

Cited 4 times | Published

and injured Murphy. See Fla. Stat. § 766.203(2). Murphy was ready to file his lawsuit

Anderson v. Wagner

955 So. 2d 586, 2006 WL 4540506

District Court of Appeal of Florida | Filed: Aug 18, 2006 | Docket: 1659350

Cited 4 times | Published

part of his notice of intent, as required by section 766.203(2), Florida Statutes (2003). Dr. Wagner and

Florida Hosp. Waterman v. Stoll

855 So. 2d 271, 2003 Fla. App. LEXIS 14924, 2003 WL 22259832

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 1752472

Cited 4 times | Published

initiate litigation for medical malpractice. Section 766.203(2) requires the claim be corroborated by at

Pavolini v. Bird

769 So. 2d 410, 2000 WL 1228010

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1476617

Cited 4 times | Published

pre-suit investigation requirements contained in section 766.203, Florida Statutes. The requirements of pre-suit

Virginia Ins. Reciprocal v. Walker

765 So. 2d 229, 2000 WL 1049874

District Court of Appeal of Florida | Filed: Aug 1, 2000 | Docket: 428608

Cited 4 times | Published

claim of medical malpractice. By the terms of section 766.203(1), all claims of medical malpractice are subject

St. Mary's Hosp., Inc. v. Phillipe

699 So. 2d 1017

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1693937

Cited 4 times | Published

reasonable grounds to show a negligent injury. § 766.203(3)(b). The claimant benefits from the requirement

Maldonado v. EMSA Ltd. Partnership

645 So. 2d 86, 1994 WL 617187

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1222898

Cited 4 times | Published

expert offering the presuit affidavit.[7] Section 766.203(2) provides, in pertinent part, that "[c]orroboration

Gargano v. Costarella

618 So. 2d 786, 1993 WL 167709

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 1376607

Cited 4 times | Published

trial court's orders in the instant case. Section 766.203, Florida Statutes (Supp. 1988), requires that

University of Miami v. Echarte

585 So. 2d 293, 1991 WL 98016

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 369293

Cited 4 times | Published

grounds to initiate medical negligence litigation, § 766.203(2), Fla. Stat. (Supp. 1988), through an extensive

Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.

229 So. 3d 1118

Supreme Court of Florida | Filed: Nov 9, 2017 | Docket: 6220622

Cited 3 times | Published

negligence resulted in injury to the claimant. § 766,203(2)(a)-(b), Fla. Stat. (2016). Following that investigation

Pierrot v. Osceola Mental Health, Inc.

106 So. 3d 491, 2013 Fla. App. LEXIS 464, 2013 WL 132463

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60228219

Cited 3 times | Published

of the descriptions in those definitions. Section 766.203 is governed by the definition of health care

Bonati v. Allen

911 So. 2d 285, 2005 WL 2398530

District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 1751898

Cited 3 times | Published

conducted a presuit investigation pursuant to section 766.203, Florida Statutes, and thereafter served a

COLUMBIA/JFK MEDICAL CENTER LIMITED PARTNERSHIP v. Brown

805 So. 2d 28, 2001 WL 1418624

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 1669581

Cited 3 times | Published

staff. The corroborating affidavit required by section 766.203 was from an emergency physician. In their complaint

Integrated Health Care Services, Inc. v. Lang-Redway

783 So. 2d 1108, 2001 WL 228024

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1259332

Cited 3 times | Published

definition of "health care provider." [2] See also § 766. 203, Fla. Stat. (1997). [3] In prior cases, we have

Tapia-Ruano v. Alvarez

765 So. 2d 942, 2000 WL 1230215

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1522895

Cited 3 times | Published

failure to comply with the requirements of section 766.203, Florida Statutes (1997), because Estanillo

Maguire v. Nichols

712 So. 2d 784, 1998 Fla. App. LEXIS 6638, 1998 WL 372474

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781419

Cited 3 times | Published

written medical expert opinion” as required by section 766.203, Florida Statutes (1995), at the time of filing

Mieles v. South Miami Hosp.

659 So. 2d 1265, 1995 Fla. App. LEXIS 9128, 1995 WL 509274

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 1748108

Cited 3 times | Published

written medical expert opinion pursuant to section 766.203, Florida Statutes and that the facts stated

Watkins v. Rosenthal

637 So. 2d 993, 1994 WL 243872

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 1521582

Cited 3 times | Published

component of the presuit investigation process. § 766.203, Fla. Stat. (1993). Section 766.205(4), Florida

Wilkinson v. Golden

630 So. 2d 1238, 1994 WL 22576

District Court of Appeal of Florida | Filed: Jan 28, 1994 | Docket: 481361

Cited 3 times | Published

expert medical opinion corroborating such injury. § 766.203(2), Fla. Stat. (1991). The claimant must then

Karr v. Sellers

620 So. 2d 1104, 1993 WL 233507

District Court of Appeal of Florida | Filed: Jun 30, 1993 | Docket: 2541635

Cited 3 times | Published

rejecting appellee's claim, as required by section 766.203(3), Florida Statutes. The current notice of

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704569

Cited 2 times | Published

resulted in injury to the claimant." (citing § 766.203(2)(a)-(b), Fla. Stat. (2016) ) ). Dr. Karr moved

Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. Lawson

175 So. 3d 327, 2015 Fla. App. LEXIS 12951, 2015 WL 5057325

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250551

Cited 2 times | Published

notice and investigation requirements. See, e.g., § 766.203, Fla. Stat. There are also extensive statutory

University of South Florida Board of Trustees v. Mann

159 So. 3d 283, 2015 Fla. App. LEXIS 2973, 2015 WL 895333

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246540

Cited 2 times | Published

the applicable statutory provision, i.e., section 766.203(2), Florida Statutes (2012, 2018). Certiorari

Edwards v. Sunrise Ophthalmology ASC, LLC

134 So. 3d 1056, 2013 WL 4525599, 2013 Fla. App. LEXIS 13669

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60239018

Cited 2 times | Published

opinion in compliance with the requirements of F.S. 766.203(2), F.S. 766.202(6) and F.S. 766.102.” This

Bery v. Fahel

88 So. 3d 236, 2011 WL 4949904, 2011 Fla. App. LEXIS 16368

District Court of Appeal of Florida | Filed: Oct 19, 2011 | Docket: 60308204

Cited 2 times | Published

and whether such negligence caused her death. § 766.203(2), Fla. Stat. (2008). On November 3, 2008, the

James v. Goryl

62 So. 3d 1225, 2011 Fla. App. LEXIS 8453, 2011 WL 2268954

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 340407

Cited 2 times | Published

malpractice claim, James failed to comply with section 766.203, Florida Statutes (2009), and therefore, this

Jeffrey A. Hunt, D.O., P.A. v. Huppman

28 So. 3d 989, 2010 Fla. App. LEXIS 3120, 2010 WL 843881

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1166682

Cited 2 times | Published

qualified medical expert in compliance with section 766.203(2), Florida Statutes (2007), the circuit court

Maraj v. North Broward Hosp. Dist.

989 So. 2d 682, 2008 Fla. App. LEXIS 11593, 2008 WL 2906956

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 2530321

Cited 2 times | Published

and Dr. Katt each filed a motion to dismiss. Section 766.203(2) requires a medical malpractice claimant

Mirza v. Trombley

946 So. 2d 1096, 2006 WL 3523640

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1771254

Cited 2 times | Published

corroborating expert affidavit, filed pursuant to section 766.203(2), Florida Statutes (2004). We find that the

Paley v. Maraj

910 So. 2d 282, 2005 WL 1523362

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1744686

Cited 2 times | Published

was negligence resulting in the stillbirth. Section 766.203, Florida Statutes (2003) requires a medical

Cohen v. West Boca Medical Center, Inc.

854 So. 2d 276, 2003 WL 22136088

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 1459830

Cited 2 times | Published

a medical expert under the requirements of section 766.203(2)(b), Florida Statutes. As with Dr. Wishnov

Sultan v. Earing-Doud

852 So. 2d 313, 2003 WL 21749584

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1305603

Cited 2 times | Published

the statutory presuit process required under section 766.203, Florida Statutes (2000), Dr. Sultan obtained

Walker v. Virginia Ins. Reciprocal

842 So. 2d 804, 2003 WL 1338990

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1730419

Cited 2 times | Published

medical negligence ... claims and defenses." § 766.203(1), Fla. Stat. (1997) (emphasis added). This statute

Wendel v. Hauser

726 So. 2d 378, 1999 WL 69619

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1711575

Cited 2 times | Published

including dental negligence, claims and defenses.... § 766.203, Fla. Stat. We conclude that the plain language

Paulk v. National Medical Enterprises

679 So. 2d 1289, 1996 WL 539833

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 1187865

Cited 2 times | Published

investigation is covered by section 766.203, Florida Statutes (1995). Section 766.203(1) provides that "presuit

Riggenbach v. Rhodes

267 So. 3d 551

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709238

Cited 1 times | Published

complaint against Petitioners pursuant to section 766.203. We hold that the trial court clearly departed

Diane Rodriguez and David Rodriguez, etc. v. Ernst Nicolitz, M.D. and Lenka Champion, M.D.

246 So. 3d 550

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 6771557

Cited 1 times | Published

which supports a claim of medical negligence. § 766.203(2)(b), Fla. Stat. (2012). A medical expert

Nieves, M.D. v. Viera

150 So. 3d 1236, 2014 Fla. App. LEXIS 18947, 2014 WL 6464646

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606364

Cited 1 times | Published

*1237 notice requirements of section 766.203(2), Florida Statutes (2011). Because the pre-suit

Baldwin v. Shands Teaching Hospital & Clinics, Inc.

45 So. 3d 118, 2010 Fla. App. LEXIS 14224, 2010 WL 3704933

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 2397637

Cited 1 times | Published

proceeding in a medical negligence action, see section 766.203(2), Florida Statutes (2005), petitioners' amended

Baldwin v. Shands Teaching Hospital & Clinics, Inc.

45 So. 3d 118, 2010 Fla. App. LEXIS 14224, 2010 WL 3704933

District Court of Appeal of Florida | Filed: Sep 23, 2010 | Docket: 2397637

Cited 1 times | Published

proceeding in a medical negligence action, see section 766.203(2), Florida Statutes (2005), petitioners' amended

Pagan v. Smith

705 So. 2d 1034, 1998 WL 51511

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 1753791

Cited 1 times | Published

As pertinent to the defendant in this case, Section 766.203(3) requires the defendant to perform "an investigation

Kukral v. Mekras

647 So. 2d 849, 1994 WL 189644

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 437234

Cited 1 times | Published

the medical expert opinion as required by section 766.203, Florida Statutes (1991). Moreover, the plaintiffs

Ghamra, M. D., Lung Associates of Sarasota, LLC v. Williams, Estate of Derrick Williams

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275649

Published

in injury to the" prospective plaintiff. § 766.203(2). The reasonable grounds must be corroborated

Arline Hermoso v. New Life Plastic Surgery Corp.

District Court of Appeal of Florida | Filed: Jul 16, 2025 | Docket: 70808222

Published

against Dr. Chavez and New Life pursuant to section 766.203, Florida Statutes. In her notice, Hermoso

Angel Tomas v. Dmitry Sandler, DPM

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793066

Published

insufficient. We are not so persuaded. Section 766.203, Florida Statutes (2022), governs the presuit

Christopher Moncrief, as Personal Representative of the Estate of Melissa Marie Moncrief v. Charles Edward Kollmer, M.D., and New Smyrna Orthopedics, P.A.

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378400

Published

written medical expert opinion,” as required by section 766.203(2). Because Dr. Shure’s work during the relevant

PHENGSANITH PRADAXAY v. JAMES ERASMUS KENDRICK, IV, M.D., FLORIDA HOSPITAL MEDICAL GROUP, INC. D/B/A ADVENTHEALTH

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68313507

Published

treatment that caused injury to him or her. See § 766.203(2)(a)–(b), Fla. Stat. (2021). As part of this

University of Miami, etc. v. Shanay Hall Jones, etc.

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68092091

Published

(2023); § 766.106(2)(a), Fla. Stat. (2023); § 766.203(2), Fla. Stat. (2023). 3 The University failed

Fagan v. Jackson County Hospital District, Jackson Hospital

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68251065

Published

subject to presuit investigation requirements. See § 766.203(2), Fla. Stat. (applying requirements to claimants);

University of Florida Board of Trustees v. Laurie Carmody

Supreme Court of Florida | Filed: Jul 6, 2023 | Docket: 67561782

Published

medical expert as defined in s. 766.202(6) . . . . § 766.203(2), Fla. Stat. (2016) (emphasis added). Section

MARIA MARTINEZ v. DON JOHN PEREZ-ORTIZ, M. D. AND THE PEREZ EYE CENTER, P. L.

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370802

Published

required sworn written medical corroboration. See § 766.203(2). However, during the extended presuit investigation

UNIVERSITY OF MIAMI, etc. v. SHANAY HALL JONES, etc.

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249353

Published

1 See § 766.104(1), Fla. Stat. (2017); § 766.203(1)-(2), Fla. Stat. (2017).

MARTIN MEMORIAL HEALTH SYSTEMS, INC. d/b/a CLEVELAND CLINIC MARTIN HEALTH v. VINCENT GORHAM, III

District Court of Appeal of Florida | Filed: Apr 20, 2022 | Docket: 63249411

Published

2 resulted in injury to the claimant.” § 766.203(2)(a)-(b), Fla. Stat. (2019). That same subsection

JESSICA RAFFERTY a/n/g NOAH HENDERSHOT v. MARTIN MEMORIAL MEDICAL CENTER, INC.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180112

Published

comply with the corroboration requirements of section 766.203(2), Florida Statutes (2018). The plaintiff

DIAL 4 CARE, INC. v. ELIJAH BRINSON

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739251

Published

one alleging that Brinson had complied with section 766.203, Florida Statutes. More particularly, it

Specialty Hospital-Gainesville, Inc. v. Charles Barth

District Court of Appeal of Florida | Filed: Jul 15, 2019 | Docket: 15916397

Published

all medical negligence claims and defenses.” § 766.203(1), Fla. Stat. (2018) (emphasis added). And

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704570

Published

resulted in injury to the claimant." (citing § 766.203(2)(a)-(b), Fla. Stat. (2016) ) ). Dr. Karr moved

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

corroborating Pusha’s claim as required by section 766.203(2), Florida Statutes (2011). On May 24

Manzaro v. Hca

254 So. 3d 576

District Court of Appeal of Florida | Filed: Jul 18, 2018 | Docket: 7461927

Published

written medical expert opinion (required by section 766.203(2)) was inapplicable because of HCA’s failure

Simon Dockswell v. Bethesda Memorial Hospital, Inc., etc.

210 So. 3d 1201, 42 Fla. L. Weekly Supp. 32, 2017 WL 372091, 2017 Fla. LEXIS 193

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574074

Published

initiate medical malpractice litigation.” Id. § 766.203(3). In 2013, the Florida Legislature passed the

Meridian Pain & Diagnostics, Inc. v. Greber

197 So. 3d 153, 2016 Fla. App. LEXIS 11380, 2016 WL 4035874

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 4114282

Published

as the chief arbitrator. 4 . Section 766.203 describes the parties’ respective responsibilities

Tuyuana L. Morris, as Personal etc. v. Orlando S. Muniz, M.D., Marianna etc.

189 So. 3d 348, 2016 WL 1660554, 2016 Fla. App. LEXIS 6298

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058396

Published

negligence re-*350suited in injury to the claimant. § 766.203(2), Fla. Stat. A medical expert must corroborate

Bery v. Fahel

143 So. 3d 962, 2014 Fla. App. LEXIS 10166, 2014 WL 2969523

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 60242412

Published

corroborating its claims against Ghassan Fahel, D.O. See § 766.203, Fla. Stat. (2008). This court reversed the trial

Bery v. Fahel, D.O.

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 755255

Published

corroborating its claims against Ghassan Fahel, D.O. See § 766.203, Fla. Stat. (2008). This court reversed the trial

Berry v. Padden

84 So. 3d 1145, 2012 WL 1020048

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60306606

Published

medical expert opinion pursuant to Florida Statute § 766.203 within 180 days of October 31, 2008 which is the

Herber v. Martin Memorial Medical Center, Inc.

76 So. 3d 1, 2011 Fla. App. LEXIS 12952, 2011 WL 3586182

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60304133

Published

“written opinion” under subsection 766.202(5) and section 766.203, Florida Statutes (2009). When a trial court

HOLMES REGIONAL MEDICAL CENTER, INC. v. Wirth

49 So. 3d 802, 2010 Fla. App. LEXIS 17190, 35 Fla. L. Weekly Fed. D 2505

District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2401005

Published

proper when a plaintiff fails to comply with section 766.203's pre-suit notice requirements. See Cent. Fla

Derespina v. North Broward Hospital District

19 So. 3d 1128, 2009 Fla. App. LEXIS 15541, 2009 WL 3271360

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1651075

Published

intent to initiate litigation. § 766.106(2). Section 766.203(2) requires that the notice be corroborated

Jackson v. Morillo

976 So. 2d 1125, 2007 WL 4269015

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 1275239

Published

proper pre-suit investigation as required by section 766.203, Florida Statutes (2003), because there was

Creel v. Danisi

868 So. 2d 603, 2004 Fla. App. LEXIS 2934, 2004 WL 438554

District Court of Appeal of Florida | Filed: Mar 11, 2004 | Docket: 64828976

Published

notifying you in accordance with Florida Statute Section 766.203 that she intends to pursue a medical malpractice

Solomon v. Well Care HMO, Inc.

822 So. 2d 543, 2002 Fla. App. LEXIS 10332, 2002 WL 1625568

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64816639

Published

investigation under section 766.203, applies to “medical negligence” claims. See § 766.203(1), Fla. Stat.

Torrey v. Leesburg Regional Medical Center

796 So. 2d 544, 2001 WL 201965

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1672399

Published

number in which the ruling was issued." See section 766.203(4), Florida Statutes. Further, plaintiff totally

Gutierrez v. Peralta

785 So. 2d 536, 2001 Fla. App. LEXIS 1806, 2001 WL 166838

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64805432

Published

sent with the notice of intent as required by section 766.203(2), mentioned respondent, Mrs. Peralta, as

Barclay v. Susac

780 So. 2d 152, 2000 Fla. App. LEXIS 16925, 2000 WL 1879102

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64804315

Published

Susac in his treatment of Mrs. Tippett. See § 766.203, Fla. Stat. (1996). Dr. Barclay opined that Dr

Ago

Florida Attorney General Reports | Filed: Jul 9, 1999 | Docket: 3258333

Published

Campagnulo, 588 So.2d 982, 983 (Fla. 1991). 12 Section 766.203(2), Fla. Stat. 13 See, s. 455.501(4), Fla.

Dimick-Russell v. Frankel

734 So. 2d 486, 1999 Fla. App. LEXIS 6277, 1999 WL 301241

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 64788590

Published

the presuit investigation requirements of section 766.203(2), Florida Statutes (1991), she persevered

Cascio v. St. Joseph Hospital of Port Charlotte, Inc.

734 So. 2d 1099, 1999 Fla. App. LEXIS 5647, 1999 WL 270021

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788729

Published

baseless litigation, the legislature enacted section 766.203, Florida Statutes (1997), which requires a

Godbold v. Cox-Novoa

730 So. 2d 767, 1999 Fla. App. LEXIS 3342, 1999 WL 148024

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 64787641

Published

the medical negligence action as required by section 766.203(2)(b), Florida Statutes. The plaintiff in this

Paranzino v. Berger

755 So. 2d 655, 1998 Fla. App. LEXIS 15531, 1998 WL 879011

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64796719

Published

medical expert opinion in accordance with section 766.203 in order to initiate her medical malpractice

Goradesky v. Hickox

721 So. 2d 419, 1998 Fla. App. LEXIS 14987, 1998 WL 821791

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64784540

Published

accordance with the presuit requirements of section 766.203(2), Florida Statutes (1993), and, alternatively

Champion v. Cox

689 So. 2d 365, 1997 Fla. App. LEXIS 1045, 1997 WL 63179

District Court of Appeal of Florida | Filed: Feb 18, 1997 | Docket: 64771633

Published

complete a presuit investigation as required by section 766.203. He argued in *366the motion that the alleged

Smelko v. Dupay

686 So. 2d 14, 1996 Fla. App. LEXIS 6038, 1996 WL 303425

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 64770312

Published

statute’s pre-suit screening requirements. See § 766.203, Fla. Stat. (1993). The trial court determined

Karr v. Sellers

668 So. 2d 629, 1996 Fla. App. LEXIS 240, 1996 WL 14053

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64762620

Published

without a corroborating affidavit as required by section 766.203, stating: As of this date, we have received

Dampf v. Furst

624 So. 2d 368, 1993 Fla. App. LEXIS 9440, 1993 WL 365574

District Court of Appeal of Florida | Filed: Sep 21, 1993 | Docket: 64742983

Published

also contends the statutory requirement of section 766.203, that an affidavit of a medical expert opining

Kravitz v. Benjamin

608 So. 2d 584, 1992 Fla. App. LEXIS 11775, 1992 WL 342015

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 64692092

Published

comply with the statutory requirements of section 766.203, Florida Statutes (1988). We reverse. On February

Bliss v. Brodsky

604 So. 2d 923, 1992 Fla. App. LEXIS 9591, 1992 WL 220521

District Court of Appeal of Florida | Filed: Sep 11, 1992 | Docket: 64669578

Published

presuit investigation process required by section 766.203, Florida Statutes (1991). We deny the petition

Damus v. Parvez

556 So. 2d 1136, 14 Fla. L. Weekly 2873, 1989 Fla. App. LEXIS 6982, 1989 WL 149594

District Court of Appeal of Florida | Filed: Dec 12, 1989 | Docket: 64648126

Published

investigation statute for medical negligence claims, section 766.203, Florida Statutes (Supp.1988), which is calculated

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.