Florida Statute 766.203 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.203

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

Arrestable Offenses / Crimes under Fla. Stat. 766.203

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.203.

Annotations, Discussions, Cases:

Cases Citing Statute 766.203

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-17T00:00:00-07:00

Snippet: treatment that caused injury to him or her. See § 766.203(2)(a)–(b), Fla. Stat. (2021). As part of this process…support the claim of medical negligence.” Id. § 766.203(2). The Legislature defines “medical expert…medical malpractice actions. See §§ 766.202(6), 766.203(2). Nowhere in the operative section does it state

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: (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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

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

ADVENTIST HEALTH SYSTEM/SUNBELT, INC. D/B/A FLORIDA HOSPITAL ALTAMONTE AND WILLIAM HUETHER, III, M.D. vs SALLY MACHALEK AND MATTHEW APTER, M.D.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-06T00:00:00-07:00

Snippet: investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any

University of Florida Board of Trustees v. Laurie Carmody

Court: Fla. | Date Filed: 2023-07-06T00:00:00-07:00

Snippet: expert as defined in s. 766.202(6) . . . . § 766.203(2), Fla. Stat. (2016) (emphasis added). Section… corroborating medical expert opinion under § 766.203(2),” and that the “trial

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-23T00:53:00-07:00

Snippet: required sworn written medical corroboration. See § 766.203(2). However, during the extended presuit investigation…written corroborating medical expert opinion. See § 766.203(2). The trial court determined that while Ms. …completes a presuit investigation pursuant to section 766.203(2). The potential plaintiff must also provide any…claim" for medical negligence litigation. § 766.203(2). Before we consider the statutory "… 7 Section 766.203(2) states that the verified written medical expert

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-20T00:53:00-07:00

Snippet: 1 See § 766.104(1), Fla. Stat. (2017); § 766.203(1)-(2), Fla. Stat. (2017). … See § 766.106(2)(a), Fla. Stat. (2017); § 766.203(2), Fla. Stat. (2017). …medical records and the consequent waiver of section 766.203(2)’s requirement that the notice of intent to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-04-20T00:53:00-07:00

Snippet: 2 resulted in injury to the claimant.” § 766.203(2)(a)-(b), Fla. Stat. (2019). That same subsection…the pre-suit corroboration required by section 766.203(2), “and prior to filing a complaint for medical…medical negligence claims and defenses,” section 766.203(1), Florida Statutes (2019), and when a claimant

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: . 1st DCA 1993) (interpreting “sections 766.203(2) and 766.203(3) to require that the ‘corroboration’ …with the corroboration requirements of section 766.203(2), Florida Statutes (2018). The plaintiff below

ALFRED RHINER v. TAKASHI KOYAMA, DMD

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-08T00:53:00-07:00

Snippet: of presuit investigation pursuant to s. 766.203(2) and prior to filing a complaint for medical

DIAL 4 CARE, INC. v. ELIJAH BRINSON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: alleging that Brinson had complied with section 766.203, Florida Statutes. More particularly, it stated… intent to initiate litigation is sent. See § 766.203(2), Fla. Stat. Indeed, the section providing for…letter is sent to the putative defendants, section 766.203 requires that claimants have a good faith belief

Specialty Hospital-Gainesville, Inc. v. Charles Barth

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-15T00:53:00-07:00

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

Riggenbach v. Rhodes

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-29T00:00:00-07:00

Citation: 267 So. 3d 551

Snippet: failed to comply with the requirement of sections 766.203, 776.202(6), and 766.102(5)(a), Florida Statutes…complaint against Petitioners pursuant to section 766.203. We hold that the trial court clearly departed

Riggenbach v. Rhodes

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-29T00:00:00-07:00

Citation: 267 So. 3d 551

Dyck-O'Neal, Inc. v. Heather Lanham

Court: Fla. Dist. Ct. App. | Date Filed: 2019-02-17T23:53:00-08:00

Snippet: presuit investigation and discovery process. §§ 766.203-.206, Fla. Stat. (2014). In the condominium

Davis v. Karr

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-25T00:00:00-08:00

Citation: 264 So. 3d 279

Snippet: resulted in injury to the claimant." (citing § 766.203(2)(a)-(b), Fla. Stat. (2016) ) ). Dr. Karr moved…Mekras , 679 So.2d 278, 280 (Fla. 1996) ). Section 766.203, Florida Statutes, specifically governs the presuit

Davis v. Karr

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-25T00:00:00-08:00

Citation: 264 So. 3d 279

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

Court: Fla. | Date Filed: 2018-09-06T00:00:00-07:00

Citation: 252 So. 3d 1143

Snippet: medical expert opinion, as required by section 766.203(2), Florida Statutes (2011). The expert opinion…Kukral, 679 So. 2d at 284. Under section 766.203(2), prior to filing a medical malpractice action…negligence caused the prospective plaintiff’s injury. § 766.203(2), Fla. Stat. (2011). “Corroboration of reasonable…evidence of medical negligence.” Section 766.203(2) provides that the medical expert opinion…that is the basis for action. See §§ 766.102(1); 766.203(2). We cannot agree with a construction that not

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-24T00:53:00-07:00

Snippet: corroborating Pusha’s claim as required by section 766.203(2), Florida Statutes (2011). On May 24, 2012…comply with the presuit requirements of section 766.203(2) because she never obtained a written medical…negligence resulted in an injury to the claimant. § 766.203(2), Fla. Stat. (2011). In order to assist a claimant… to support the claim of medical negligence. § 766.203(2), Fla. Stat. (2011). However, this requirement

Manzaro v. Hca

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-18T00:53:00-07:00

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