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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

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

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-15

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: District Court of Appeal of Florida | Date Filed: 2024-02-14

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: District Court of Appeal of Florida | Date Filed: 2023-10-06

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: Supreme Court of Florida | Date Filed: 2023-07-06

Snippet: 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.

Court: District Court of Appeal of Florida | Date Filed: 2022-09-23

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-04-20

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-04-20

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

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

ALFRED RHINER v. TAKASHI KOYAMA, DMD

Court: District Court of Appeal of Florida | Date Filed: 2021-09-08

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: District Court of Appeal of Florida | Date Filed: 2021-03-17

Snippet: alleging that Brinson had complied with section 766.203, Florida Statutes. More particularly, it stated

Specialty Hospital-Gainesville, Inc. v. Charles Barth

Court: District Court of Appeal of Florida | Date Filed: 2019-07-15

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

Riggenbach v. Rhodes

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

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

Riggenbach v. Rhodes

Court: District Court of Appeal of Florida | Date Filed: 2019-03-29

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

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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-18

Citation: 264 So. 3d 1115

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

Davis v. Karr

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 279

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

Davis v. Karr

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 279

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

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

Court: Supreme Court of Florida | Date Filed: 2018-09-06

Citation: 252 So. 3d 1143

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 1076

Snippet: corroborating Pusha’s claim as required by section 766.203(2), Florida Statutes (2011). On May 24, 2012