SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment to amendment

12  (540324):

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14         Senate Amendment (with title amendment) 

15         On page 63, between lines 21 & 22,

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17  insert:

18         Section 41.  Subsection (2) of section 766.106, Florida

19  Statutes, is amended to read:

20         766.106  Notice before filing action for medical

21  malpractice; presuit screening period; offers for admission of

22  liability and for arbitration; informal discovery; review.--

23         (2)  After completion of presuit investigation pursuant

24  to s. 766.203 and prior to filing a claim for medical

25  malpractice, a claimant shall notify each prospective

26  defendant and, if any prospective defendant is a health care

27  provider licensed under chapter 458, chapter 459, chapter 460,

28  chapter 461, or chapter 466, the Department of Health by

29  certified mail, return receipt requested, of intent to

30  initiate litigation for medical malpractice. Following the

31  initiation of a suit alleging medical malpractice with a court

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    10:00 AM   05/02/00                             s1028c1c-33r1j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1  of competent jurisdiction, and service of the complaint upon a

 2  defendant, the claimant shall provide a copy of the complaint

 3  to the Department of Health. Notice to the Department of

 4  Health must include the full name and address of the claimant;

 5  the full names and any known addresses of any health care

 6  providers licensed under chapter 458, chapter 459, chapter

 7  460, chapter 461, or chapter 466 who are prospective

 8  defendants identified at the time; the date and a summary of

 9  the occurrence giving rise to the claim; and a description of

10  the injury to the claimant. The requirement of providing the

11  complaint for notice to the Department of Health does not

12  impair the claimant's legal rights or ability to seek relief

13  for his or her claim, and the fact of providing the complaint

14  notice provided to the department is not discoverable or

15  admissible in any civil or administrative action. The

16  Department of Health shall review each incident and determine

17  whether it involved conduct by a licensee which is potentially

18  subject to disciplinary action, in which case the provisions

19  of s. 455.621 apply.

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21  (Redesignate subsequent sections.)

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24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 68, line 8, after the semicolon

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28  insert:

29         amending s. 766.106, F.S.; providing that

30         following the initiation of a suit alleging

31         medical malpractice the claimant must provide

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    10:00 AM   05/02/00                             s1028c1c-33r1j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1028

    Amendment No.    





 1         notice to the Department of Health along with a

 2         copy of the service of process;

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