HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
3	.
4	.
5	.
6
7
8
9
10
11
12	Representative Harrell offered the following:
13
14	Amendment (with title amendment)
15	Remove line(s) 1010-1015, and insert:
16	Section 25. Subsections (2), (3), and (4) of section
17	766.106, Florida Statutes, are amended, and subsection (13) is
18	added to said section, to read:
19	766.106 Notice before filing action for medical
20	malpractice; presuit screening period; offers for admission of
21	liability and for arbitration; informal discovery; review.--
22	(2) After completion of presuit investigation pursuant to
23	s. 766.203 and prior to filing a claim for medical malpractice,
24	a claimant shall notify each prospective defendant by certified
25	mail, return receipt requested, of intent to initiate litigation
26	for medical malpractice. Notwithstanding any other provision of
27	law, the notification shall include a list of each health care
28	provider seen by the claimant subsequent to the alleged act of
29	malpractice for the injuries complained of and those known
30	health care providers seen by the claimant for related
31	conditions during the 5-year period prior to the alleged act of
32	malpractice, together with a medical release form signed by the
33	claimant granting each prospective defendant or legal
34	representative access to the claimant's medical records from
35	each of the physicians listed in the notification. Such release
36	form shall also permit each physician or legal representative
37	listed in the notification to interview each of the prospective
38	defendants.Following the initiation of a suit alleging medical
39	malpractice with a court of competent jurisdiction, and service
40	of the complaint upon a defendant, the claimant shall provide a
41	copy of the complaint to the Department of Health. The
42	requirement of providing the complaint to the Department of
43	Health does not impair the claimant's legal rights or ability to
44	seek relief for his or her claim. The Department of Health shall
45	review each incident and determine whether it involved conduct
46	by a licensee which is potentially subject to disciplinary
47	action, in which case the provisions of s. 456.073 apply.
48
49
50	================= T I T L E A M E N D M E N T =================
51	Remove line(s) 66, and insert:
52	enforcement; amending s. 766.106, F.S.; providing
53	additional requirements for notification of intent to
54	initiate litigation for medical malpractice; extending the
55	time