Florida Statute 766.206 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.206

766.206 Presuit investigation of medical negligence claims and defenses by court.—

(1) After the completion of presuit investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any party may file a motion in the circuit court requesting the court to determine whether the opposing party’s claim or denial rests on a reasonable basis.

(2) If the court finds that the notice of intent to initiate litigation mailed by the claimant does not comply with the reasonable investigation requirements of ss. 766.201-766.212, including a review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202, or that the authorization accompanying the notice of intent required under s. 766.1065 is not completed in good faith by the claimant, the court shall dismiss the claim, and the person who mailed such notice of intent, whether the claimant or the claimant’s attorney, is personally liable for all attorney’s fees and costs incurred during the investigation and evaluation of the claim, including the reasonable attorney’s fees and costs of the defendant or the defendant’s insurer.

(3) If the court finds that the response mailed by a defendant rejecting the claim is not in compliance with the reasonable investigation requirements of ss. 766.201-766.212, including a review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202, the court shall strike the defendant’s pleading. The person who mailed such response, whether the defendant, the defendant’s insurer, or the defendant’s attorney, shall be personally liable for all attorney’s fees and costs incurred during the investigation and evaluation of the claim, including the reasonable attorney’s fees and costs of the claimant.

(4) If the court finds that an attorney for the claimant mailed notice of intent to initiate litigation without reasonable investigation, or filed a medical negligence claim without first mailing such notice of intent which complies with the reasonable investigation requirements, or if the court finds that an attorney for a defendant mailed a response rejecting the claim without reasonable investigation, the court shall submit its finding in the matter to The Florida Bar for disciplinary review of the attorney. Any attorney so reported three or more times within a 5-year period shall be reported to a circuit grievance committee acting under the jurisdiction of the Supreme Court. If such committee finds probable cause to believe that an attorney has violated this section, such committee shall forward to the Supreme Court a copy of its finding.

(5)(a) If the court finds that the corroborating written medical expert opinion attached to any notice of claim or intent or to any response rejecting a claim lacked reasonable investigation or that the medical expert submitting the opinion did not meet the expert witness qualifications as set forth in s. 766.102(5), the court shall report the medical expert issuing such corroborating opinion to the Division of Medical Quality Assurance or its designee. If such medical expert is not a resident of the state, the division shall forward such report to the disciplining authority of that medical expert.

(b) The court shall refuse to consider the testimony or opinion attached to any notice of intent or to any response rejecting a claim of an expert who has been disqualified three times pursuant to this section.

History.—s. 53, ch. 88-1; s. 29, ch. 88-277; s. 35, ch. 91-110; s. 61, ch. 2003-416; s. 155, ch. 2004-5; s. 14, ch. 2011-233.

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Amendments to 766.206

Arrestable Offenses / Crimes under Fla. Stat. 766.206

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.206.

Annotations, Discussions, Cases:

Cases Citing Statute 766.206

Total Results: 20

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: she did not, it must dismiss her case. See § 766.206(2), Fla. Stat. (2021). Dr. Kendrick is a

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

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

Snippet: proposed order verbatim. “At a minimum, [section 766.206(1)] require[s that] the trial court make an express

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: dismiss this case with prejudice pursuant to section 766.206, Florida Statutes. Specifically, Petitioners asserted

University of Florida Board of Trustees v. Laurie Carmody

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

Snippet: demands that “the court shall dismiss the claim.” § 766.206(2), Fla. Stat. (emphasis added). Subject to all

SRINIVAS RAO DONTINENI, M.D. vs PATRICIA SANDERSON, JOSEPH BOULAY, M.D., ALL STAR RECRUITING LOCUMS, LLC, ANGELO FERNANDES, M.D., ARVIND KUMAR, M.D., BREVARD INTERNAL MEDICINE & WALK IN CLINIC, PLLC, ET AL.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-01

Snippet: investigation requirements. See id. § 766.206(2). If the trial court finds that the prospective

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: requirements, “the court shall dismiss the claim.” § 766.206(2), Fla. Stat. (2019). ii. Is

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

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

Snippet: claim or denial rests on a reasonable basis.” § 766.206(1), Fla. Stat. (2017) (emphasis added). Thus,

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: required pursuant to the plain text of section 766.206(2), Florida Statutes (2018). See Univ. of S. Fla

SHELIA T. POWELL v. JOHN ARGYLE GILMORE SAMPSON, M.D.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: Bober, 39 So. 3d 396, 403 (Fla. 2d DCA 2010); § 766.206, Fla. Stat. (2019), we reverse the challenged

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: argued, dismissal was warranted under section 766.206(2), Florida Statutes (2011). As a second

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: determine whether they are a claimant under section 766.206, and also take those steps necessary to comply

Lorraine Campbell and Charles Lamm v. Wells Fargo Bank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Citation: 204 So. 3d 476, 2016 Fla. App. LEXIS 10377

Snippet: and rule 1.115(c), with § 766.206, Fla. Stat. (2015) (incorporating mandatory language

Bery v. Fahel

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Citation: 194 So. 3d 1099, 2016 Fla. App. LEXIS 10359, 2016 WL 3611022

Snippet: presuit investigatory requirements under section 766.206, Florida Statute (2011), and obtained dismissal

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: 766.205(2),. Florida Statutes. Likewise, section 766.206(2) requires dismissal of the claim where the court

Plantz v. John

Court: District Court of Appeal of Florida | Date Filed: 2015-03-18

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

Snippet: screening requirements under sections 766.203 and 766.206, Florida Statutes (2008). If so, Dr. Plantz can

Saunders v. Dickens

Court: District Court of Appeal of Florida | Date Filed: 2012-09-27

Citation: 103 So. 3d 871, 2012 WL 4448820, 2012 Fla. App. LEXIS 16174

Snippet: have struck Dr. Dickens’s pleadings under section 766.206, Florida Statutes, which governs presuit investigation

Berry v. Padden

Court: District Court of Appeal of Florida | Date Filed: 2012-03-28

Citation: 84 So. 3d 1145, 2012 WL 1020048

Snippet: negligence. (Emphasis added). Additionally, section 766.206(2), Florida Statutes (2006), provides: If the court

Staples v. Duerr

Court: District Court of Appeal of Florida | Date Filed: 2011-12-30

Citation: 76 So. 3d 1114, 2011 Fla. App. LEXIS 20849, 2011 WL 6851181

Snippet: under section 766.206(2), Florida Statutes (2007). The trial court used section 766.206(2) to award fees

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: expert. In February 2010, pursuant to section 766.206, Dr. Fahel filed a motion to dismiss the complaint

TELLAM v. Mumford

Court: District Court of Appeal of Florida | Date Filed: 2011-09-27

Citation: 69 So. 3d 1096, 2011 Fla. App. LEXIS 15240, 2011 WL 4445983

Snippet: one of the parties files a motion under section 766.206, the trial court must determine whether the opposing