Senate Bill 2054

    Florida Senate - 2000                                  SB 2054

    By Senator Sebesta





    20-152A-00

  1                      A bill to be entitled

  2         An act relating to actions for medical

  3         malpractice; amending s. 455.667, F.S.;

  4         providing circumstances under which a defendant

  5         health care provider's attorney may interview

  6         other health care providers ex parte; providing

  7         an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsection (19) is added to section

12  455.667, Florida Statutes, to read:

13         455.667  Ownership and control of patient records;

14  report or copies of records to be furnished.--

15         (19)  Notwithstanding any other provision of law, when

16  an action is brought after July 1, 2000, for damages resulting

17  from personal injury or death caused by the negligence of a

18  health care provider as defined in s. 766.101, the defendant

19  health care provider or that health care provider's insurer or

20  legal representative may interview, ex parte, any other health

21  care provider involved in the patient's care. Such an

22  interview may occur only after notice is provided to the

23  plaintiff's attorney and must be limited to issues of

24  causation; if the action is for personal injury, the patient's

25  current physical condition; and the mental impressions of the

26  care and treatment rendered by the defendant health care

27  provider or any other health care provider alleged to be

28  responsible for the patient's injury or death. An interview

29  with another health care provider may occur only after the

30  plaintiff has given notice of intent to initiate a claim for

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2054
    20-152A-00




  1  medical malpractice and before the dismissal, settlement, or

  2  other final resolution of the claim.

  3         Section 2.  This act shall take effect July 1, 2000.

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  6                          SENATE SUMMARY

  7    Authorizes the defendant health care provider in a
      medical malpractice action, or the provider's insurer or
  8    legal representative, to interview ex parte any other
      health care provider who treated the patient whose
  9    treatment forms the basis for the action. Notice must be
      given to the plaintiff's attorney, and the subjects of
10    the interview are limited.

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