HOUSE AMENDMENT Bill No. HB 63B
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 1815 and 1816,
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17	Insert:
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19	(4)(a) When a defendant knows of a person who is not named
20	as a defendant in the presuit notice of intent to initiate
21	medical malpractice litigation and proposes that the nonparty is
22	potentially liable, in whole or in part, for the injury alleged
23	in the notice, the defendant must disclose the identity of the
24	nonparty to the claimant within 30 days after service of the
25	presuit notice of intent to initiate medical malpractice
26	litigation.
27	(b) If a defendant learns that a person who is not named
28	as a defendant in the presuit notice of intent to initiate
29	medical malpractice litigation is potentially liable, in whole
30	or in part, for the injury alleged in the notice, the defendant
31	must disclose the identity of the nonparty to the claimant
32	within 10 days of learning of the facts supporting the basis for
33	such potential liability.
34	Section 36. Section 766.1067, Florida Statutes, is created
35	to read:
36	766.1067 Apportionment of fault in medical negligence
37	actions.--
38	(1) In an action for damages for personal injury or
39	wrongful death arising out of medical negligence, whether in
40	contract or tort, when a defendant asserts an affirmative
41	defense that one or more nonparties are liable, in whole or in
42	part, for damages arising out of medical negligence, such
43	defendant must join the nonparties into the action by means of a
44	third-party complaint asserting a cause of action for
45	comparative fault in medical negligence against the nonparties,
46	except with respect to a nonparty who meets one of the following
47	criteria:
48	(a) The nonparty has entered into a settlement with each
49	of the plaintiffs;
50	(b) The nonparty has complete immunity from suit;
51	(c) The statute of limitations involving the nonparty
52	expired prior to filing of the presuit notice of intent to
53	initiate medical malpractice litigation; or
54	(d) The nonparty cannot be otherwise legally joined to the
55	suit.
56	(2) If the defendant has reasonable grounds to believe
57	during the presuit investigation that one or more nonparties are
58	liable, in whole or in part, for damages arising out of medical
59	negligence and that such nonparties would be joinable into the
60	action under this section, the defendant must notify the
61	claimant in writing of the identity and reasonable grounds for
62	inclusions of such nonparty in the action within 10 days after
63	obtaining such information.
64	(3) If the defendant fails to comply with the provisions
65	set forth in this section, then the defendant shall be estopped
66	from asserting the negligence of the nonparty who should have
67	otherwise been joined into the action.
68	(4) Any third party joined into the action under the
69	provisions of this section shall be liable to the plaintiff for
70	any damages adjudicated by the trier of fact subject to the
71	provisions of this chapter.
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74	================= T I T L E A M E N D M E N T =================
75	Remove line 147, and insert:
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77	certain experts be made available for deposition; providing
78	conditions under which a defendant must identify a potentially
79	liable nonparty; creating s. 766.1067, F.S.; requiring joinder
80	of certain parties; prohibiting the assignment of fault to such
81	parties if not joined; creating