House Bill hb0947e1
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HB 947, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to medical malpractice presuit
3 investigations; amending s. 766.104, F.S.;
4 authorizing the release of certain records
5 relating to medical care and treatment of a
6 decedent upon the request of certain persons;
7 providing exemption from liability and
8 discipline for health care practitioners
9 complying in good faith; providing an effective
10 date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Section 766.104, Florida Statutes, is
15 amended to read:
16 766.104 Pleading in medical negligence cases; claim
17 for punitive damages; authorization for release of records for
18 investigation.--
19 (1) No action shall be filed for personal injury or
20 wrongful death arising out of medical negligence, whether in
21 tort or in contract, unless the attorney filing the action has
22 made a reasonable investigation as permitted by the
23 circumstances to determine that there are grounds for a good
24 faith belief that there has been negligence in the care or
25 treatment of the claimant. The complaint or initial pleading
26 shall contain a certificate of counsel that such reasonable
27 investigation gave rise to a good faith belief that grounds
28 exist for an action against each named defendant. For
29 purposes of this section, good faith may be shown to exist if
30 the claimant or his or her counsel has received a written
31 opinion, which shall not be subject to discovery by an
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HB 947, First Engrossed/ntc
1 opposing party, of an expert as defined in s. 766.102 that
2 there appears to be evidence of medical negligence. If the
3 court determines that such certificate of counsel was not made
4 in good faith and that no justiciable issue was presented
5 against a health care provider that fully cooperated in
6 providing informal discovery, the court shall award attorney's
7 fees and taxable costs against claimant's counsel, and shall
8 submit the matter to The Florida Bar for disciplinary review
9 of the attorney.
10 (2) Upon petition to the clerk of the court where the
11 suit will be filed and payment to the clerk of a filing fee,
12 not to exceed $25, established by the chief judge, an
13 automatic 90-day extension of the statute of limitations shall
14 be granted to allow the reasonable investigation required by
15 subsection (1). This period shall be in addition to other
16 tolling periods. No court order is required for the extension
17 to be effective. The provisions of this subsection shall not
18 be deemed to revive a cause of action on which the statute of
19 limitations has run.
20 (3) For purposes of conducting the investigation
21 required by this section, and notwithstanding any other
22 provision of law to the contrary, subsequent to the death of a
23 person and prior to the administration of such person's
24 estate, copies of all medical reports and records, including
25 bills, films, and other records relating to the care and
26 treatment of such person that are in the possession of a
27 health care practitioner as defined in s. 456.001 shall be
28 made available, upon request, to the spouse, parent, child who
29 has reached majority, guardian pursuant to chapter 744,
30 surrogate or proxy pursuant to chapter 765, or attorney in
31 fact of the deceased pursuant to chapter 709. A health care
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HB 947, First Engrossed/ntc
1 practitioner complying in good faith with the provisions of
2 this subsection shall not be held liable for civil damages
3 attributable to the disclosure of such records or be subject
4 to any disciplinary action based on such disclosure.
5 Section 2. This act shall take effect upon becoming a
6 law.
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