HB 0863

1	A bill to be entitled
2	An act relating to presuit notice before filing actions
3	for medical negligence; amending s. 766.106, F.S.;
4	requiring claimants to provide defendants signed medical
5	release forms granting access to certain medical records;
6	requiring such releases to permit interviews of claimant's
7	health care providers; providing limitations; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Paragraph (a) of subsection (2) of section
13	766.106, Florida Statutes, is amended to read:
14	766.106  Notice before filing action for medical
15	negligence; presuit screening period; offers for admission of
16	liability and for arbitration; informal discovery; review.--
17	(2)  PRESUIT NOTICE.--
18	(a)  After completion of presuit investigation pursuant to
19	s. 766.203(2) and prior to filing a complaint for medical
20	negligence, a claimant shall notify each prospective defendant
21	by certified mail, return receipt requested, of intent to
22	initiate litigation for medical negligence. Notice to each
23	prospective defendant must include, if available, a list of all
24	known health care providers seen by the claimant for the
25	injuries complained of subsequent to the alleged act of
26	negligence, all known health care providers during the 2-year
27	period prior to the alleged act of negligence who treated or
28	evaluated the claimant, and copies of all of the medical records
29	relied upon by the expert in signing the affidavit. The claimant
30	shall also provide to the defendant a signed medical release
31	form granting each prospective defendant or legal representative
32	access to the claimant's medical records from each of the
33	physicians listed in the notification. Notwithstanding any other
34	provision of law, such release form shall also permit each
35	prospective defendant or legal representative to interview, ex
36	parte, any health care provider listed by the claimant pursuant
37	to this paragraph. Such an interview must be limited to issues
38	of causation, the claimant's current physical condition, and the
39	mental impressions of the care and treatment rendered by the
40	defendant health care provider or any other health care provider
41	alleged to be responsible for the patient's injury or death.
42	Such an interview with a claimant's treating physician may occur
43	only after the claimant has given notice of intent to initiate a
44	claim for medical malpractice and before the dismissal,
45	settlement, or other final resolution of the claim. The
46	requirement of providing the list of known health care providers
47	may not serve as grounds for imposing sanctions for failure to
48	provide presuit discovery.
49	Section 2.  This act shall take effect July 1, 2005.

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