HOUSE AMENDMENT |
Bill No. HB 1713 |
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CHAMBER ACTION |
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Representative Ambler offered the following: |
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Amendment (with title amendment) |
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Remove line(s) 1168-1188, and insert: |
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Section 30. Subsections (2) and (3) of section 766.203, |
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Florida Statutes, are amended to read: |
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766.203 Presuit investigation of medical negligence claims |
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and defenses by prospective parties.-- |
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(2) Prior to issuing notification of intent to initiate |
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medical malpractice litigation pursuant to s. 766.106, the |
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claimant shall conduct an investigation to ascertain that there |
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are reasonable grounds to believe that: |
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(a) Any named defendant in the litigation was negligent in |
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the care or treatment of the claimant; and |
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(b) Such negligence resulted in injury to the claimant. |
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Corroboration of reasonable grounds to initiate medical |
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negligence litigation shall be provided by the claimant's |
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submission of a verified written medical expert opinion from a |
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medical expert as defined in s. 766.202(5), at the time the |
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notice of intent to initiate litigation is mailed, which |
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statement shall corroborate reasonable grounds to support the |
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claim of medical negligence. This opinion and statement are |
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subject to discovery. |
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(3) Prior to issuing its response to the claimant's notice |
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of intent to initiate litigation, during the time period for |
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response authorized pursuant to s. 766.106, the defendant or the |
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defendant's insurer or self-insurer shall conduct an |
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investigation to ascertain whether there are reasonable grounds |
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to believe that: |
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(a) The defendant was negligent in the care or treatment |
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of the claimant; and |
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(b) Such negligence resulted in injury to the claimant. |
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Corroboration of lack of reasonable grounds for medical |
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negligence litigation shall be provided with any response |
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rejecting the claim by the defendant's submission of a verified |
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written medical expert opinion from a medical expert as defined |
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in s. 766.202(5), at the time the response rejecting the claim |
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is mailed, which statement shall corroborate reasonable grounds |
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for lack of negligent injury sufficient to support the response |
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denying negligent injury. This opinion and statement are subject |
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to discovery. |
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================= T I T L E A M E N D M E N T ================= |
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Remove line(s) 80, and insert: |
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F.S.; providing for discovery of |