Florida Statute 766.205 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.205

766.205 Presuit discovery of medical negligence claims and defenses.—

(1) Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 766.106, corroborated by medical expert opinion that there exist reasonable grounds for a claim of negligent injury, each party shall provide to the other party reasonable access to information within its possession or control in order to facilitate evaluation of the claim.

(2) Such access shall be provided without formal discovery, pursuant to s. 766.106, and failure to so provide shall be grounds for dismissal of any applicable claim or defense ultimately asserted.

(3) Failure of any party to comply with this section shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the requirement of written medical corroboration by the party seeking production.

(4) No statement, discussion, written document, report, or other work product generated solely by the presuit investigation process is discoverable or admissible in any civil action for any purpose by the opposing party. All participants, including, but not limited to, hospitals and other medical facilities, and the officers, directors, trustees, employees, and agents thereof, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit investigation process. Such immunity from civil liability includes immunity for any acts by a medical facility in connection with providing medical records pursuant to s. 766.204(1) regardless of whether the medical facility is or is not a defendant.

History.—s. 52, ch. 88-1; s. 28, ch. 88-277; s. 34, ch. 91-110.

F.S. 766.205 on Google Scholar

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Amendments to 766.205

Arrestable Offenses / Crimes under Fla. Stat. 766.205

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.205.

Annotations, Discussions, Cases:

Cases Citing Statute 766.205

Total Results: 20

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 malpractice claims in violation of section 766.205, Florida Statutes (2011). Significantly, in dismissing

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

Court: District Court of Appeal of Florida | Date Filed: 2016-04-27

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

Snippet: during pre-suit investigation pursuant to section 766.205(2), Florida Statutes (2011), and that, based on

Scalice v. Orlando Regional Healthcare

Court: District Court of Appeal of Florida | Date Filed: 2013-08-23

Citation: 120 So. 3d 215, 2013 WL 4483070, 2013 Fla. App. LEXIS 13448

Snippet: whether the trial court properly interpreted section 766.205(4), Florida Statutes (2010), concerning admissibility

Bery v. Fahel

Court: District Court of Appeal of Florida | Date Filed: 2011-10-19

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

Snippet: objected on the basis of privilege, citing to section 766.205(4), which provides: “No statement, discussion,

Variety Children's Hospital v. Boice

Court: District Court of Appeal of Florida | Date Filed: 2010-02-17

Citation: 27 So. 3d 788, 2010 Fla. App. LEXIS 1571, 2010 WL 532839

Snippet: the clear and unambiguous language of section 766.205(4), which provides that "[n]o statement, discussion

Kanaan v. Osborne

Court: District Court of Appeal of Florida | Date Filed: 2007-03-28

Citation: 950 So. 2d 1291, 2007 Fla. App. LEXIS 4560, 2007 WL 914680

Snippet: are exempt from discovery pursuant to section 766.205(4), Florida Statutes (2005).1 The respondent, Jimmy

University of Miami v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

Citation: 948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

Snippet: pre-suit process subjects it to sanctions. See ง 766.205(2), Fla. Stat. (2002)(providing that failure of

Michael v. Medical Staffing Network, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-10

Citation: 947 So. 2d 614, 2007 WL 57604

Snippet: Stat. (2004)(emphasis added). Further, section 766.205(1) refers to the requirement of an investigation

Largie v. Gregorian

Court: District Court of Appeal of Florida | Date Filed: 2005-07-13

Citation: 913 So. 2d 635, 2005 WL 1631086

Snippet: initiate medical negligence litigation." And § 766.205(1) specifically provides that the medical opinion

Apostolico v. Orlando Regional Health Care System, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-26

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

Snippet: asked to provide an opinion. See §§ 766.203(2), 766.205(5), Fla. Stat. (2002). Based on the statute's unambiguous

Vincent v. Kaufman

Court: District Court of Appeal of Florida | Date Filed: 2003-09-17

Citation: 855 So. 2d 1153, 2003 WL 22136093

Snippet: grounds that dismissal was mandatory under section 766.205, Florida Statutes, if there was a failure to comply

COLUMBIA/JFK MEDICAL CENTER LIMITED PARTNERSHIP v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2001-11-14

Citation: 805 So. 2d 28, 2001 WL 1418624

Snippet: instance of medical negligence. § 766.203; see also § 766.205(1). In many cases it would be virtually impossible

Torrey v. Leesburg Regional Medical Center

Court: District Court of Appeal of Florida | Date Filed: 2001-03-02

Citation: 796 So. 2d 544, 2001 WL 201965

Snippet: claim or defense ultimately asserted." Section 766.205(2), Florida Statutes (emphasis added). "The medical

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-07-09

Snippet: trial. The Court, construing the terms of section 766.205(4), Florida Statutes, determined that this statute

Nolan v. Turner

Court: District Court of Appeal of Florida | Date Filed: 1999-06-23

Citation: 737 So. 2d 579, 1999 Fla. App. LEXIS 8354, 1999 WL 415293

Snippet: discovery as required by sections 766.106(6) and 766.205(2), Florida Statutes (1997).1 The record fully

Cohen v. Dauphinee

Court: Supreme Court of Florida | Date Filed: 1999-04-15

Citation: 739 So. 2d 68, 1999 WL 236248

Snippet: disapprove that decision and hold that section 766.205(4) protects the corroborative affidavit from any

Otto v. Rodriguez

Court: District Court of Appeal of Florida | Date Filed: 1998-02-04

Citation: 710 So. 2d 1, 1998 WL 39351

Snippet: a medical affidavit as required under section 766.205, Florida Statutes, did not constitute a waiver

Paulk v. National Medical Enterprises

Court: District Court of Appeal of Florida | Date Filed: 1996-09-25

Citation: 679 So. 2d 1289, 1996 WL 539833

Snippet: are grounds for a "claim of negligent injury," § 766.205(1) (emphasis added), as do provisions allowing

Kukral v. Mekras

Court: Supreme Court of Florida | Date Filed: 1996-06-13

Citation: 679 So. 2d 278, 1996 WL 316134

Snippet: order to facilitate evaluation of the claim." § 766.205(1), Fla.Stat. (1995). The unreasonable failure

Karr v. Sellers

Court: District Court of Appeal of Florida | Date Filed: 1996-01-17

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

Snippet: 1268 (Fla. 3d DCA 1995). Similarly, in section 766.205(2), which *631is not applicable here either, the