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CS/CS/CS/HB 385: Medical Malpractice

GENERAL BILL by Government Operations Appropriations Subcommittee ; Judiciary Committee ; Civil Justice Subcommittee ; Gaetz ; Renuart ; (CO-INTRODUCERS) Coley ; Costello ; Kreegel

Medical Malpractice; Establishes burden of proof that claimant must meet in certain damage claims against health care providers based on death or personal injury; allows prospective medical malpractice defendant to interview claimant's treating health care providers without presence of claimant or claimant's legal representative; requires prospective defendant to provide claimant notice specified period before such interview.

Effective Date: upon becoming a law and shall apply to any cause of action accruing on or after that date
Last Action: 3/9/2012 House - Died in Health and Human Services Committee
Bill Text: PDF

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  • Bill History

    Date Chamber Action
    10/18/2011 House • Filed
    10/28/2011 House • Referred to Civil Justice Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee; Judiciary Committee -HJ 39
    11/30/2011 House • On Committee agenda-- Civil Justice Subcommittee, 12/07/11, 1:00 pm, 404 HOB
    12/7/2011 House • CS by Civil Justice Subcommittee; YEAS 10 NAYS 2 -HJ 177
    12/9/2011 House • Pending review of CS under Rule 7.19(c)
    1/3/2012 House • Original reference(s) removed: Health Care Appropriations Subcommittee
    • CS referred to Judiciary Committee; Government Operations Appropriations Subcommittee; Health and Human Services Committee -HJ 169
    • Now in Judiciary Committee -HJ 169
    1/10/2012 House • Introduced -HJ 39
    • CS by Civil Justice Subcommittee read 1st time -HJ 166
    1/23/2012 House • On Committee agenda-- Judiciary Committee, 01/25/12, 2:00 pm, 404 HOB --Temporarily deferred
    1/25/2012 House • PCS on Committee agenda-- Judiciary Committee, 01/27/12, 8:00 am, Morris Hall
    1/27/2012 House • CS/CS by Judiciary Committee; YEAS 11 NAYS 2 -HJ 310
    1/30/2012 House • Pending review of CS under Rule 7.19(c)
    • CS/CS by Judiciary Committee read 1st time -HJ 304
    1/31/2012 House • Now in Government Operations Appropriations Subcommittee -HJ 317
    2/9/2012 House • On Committee agenda-- Government Operations Appropriations Subcommittee, 02/13/12, 1:45 pm, 404 HOB
    2/13/2012 House • CS/CS/CS by Government Operations Appropriations Subcommittee; YEAS 8 NAYS 3 -HJ 601
    2/14/2012 House • Pending review of CS under Rule 7.19(c)
    • CS/CS/CS by Government Operations Appropriations Subcommittee read 1st time -HJ 598
    2/15/2012 House • Now in Health and Human Services Committee -HJ 631
    3/9/2012 House • Died in Health and Human Services Committee

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  • CS/CS/CS/HB 385, Committee Substitute 3 (Current Bill Version) Posted 2/14/2012 at 7:36 AM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1316 (c2) Health Care Gaetz Compare Last Action: 3/9/2012 S Died on Calendar, companion bill(s) passed, see CS/HB 517 (Ch. 2012-61), CS/CS/HB 653 (Ch. 2012-64), CS/CS/CS/HB 711 (Ch. 2012-66), CS/CS/CS/HB 943 (Ch. 2012-73), CS/CS/CS/HB 1263 (Ch. 2012-184)
    Location: On Special Order Calendar
    S 1506 (c1) Health Care Thrasher Compare Last Action: 3/9/2012 S Died in Budget Subcommittee on Health and Human Services Appropriations
    Location: In committee/council (BHA)

    Citations - Statutes (2)

    Citation Catchline Location in Bill Location In Bill Help
    766.102 Medical negligence; standards of recovery; expert witness. Page 1 (pdf)
    766.106 Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. Page 2 (pdf)

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  • CS/CS/HB 385, Committee Substitute 2 Posted 1/30/2012 at 9:33 AM

    Bill Text:   PDF
    Analyses:   Government Operations Appropriations Subcommittee (Post-Meeting) 2/13/2012 (pdf)

    Related Bills (3)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 614 Sovereign Immunity Bennett Similar Last Action: 3/9/2012 S Died in Health Regulation
    Location: In committee/council (HR)
    S 1316 (c1) Health Care Gaetz Compare Last Action: 3/9/2012 S Died on Calendar, companion bill(s) passed, see CS/HB 517 (Ch. 2012-61), CS/CS/HB 653 (Ch. 2012-64), CS/CS/CS/HB 711 (Ch. 2012-66), CS/CS/CS/HB 943 (Ch. 2012-73), CS/CS/CS/HB 1263 (Ch. 2012-184)
    Location: On Special Order Calendar
    S 1506 (c1) Health Care Thrasher Compare Last Action: 3/9/2012 S Died in Budget Subcommittee on Health and Human Services Appropriations
    Location: In committee/council (BHA)

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    768213 - Strike All Amendment
    Remove everything after the enacting clause and insert:
    Gaetz 2/10/2012
    5:54 PM
    Adopted without Objection
    2/13/2012
    PDF

    Citations - Statutes (3)

    Citation Catchline Location in Bill Location In Bill Help
    766.102 Medical negligence; standards of recovery; expert witness. Page 3 (pdf)
    766.106 Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review. Page 4 (pdf)
    768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. Page 7 (pdf)

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  • CS/HB 385, Committee Substitute 1 Posted 12/9/2011 at 3:10 PM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary Committee (Post-Meeting) 1/30/2012 (pdf)

    Related Bills (2)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 614 Sovereign Immunity Bennett Similar Last Action: 3/9/2012 S Died in Health Regulation
    Location: In committee/council (HR)
    S 1506 Medical Malpractice Thrasher Compare Last Action: 3/9/2012 S Died in Budget Subcommittee on Health and Human Services Appropriations
    Location: In committee/council (BHA)

    Committee Amendments (3)

    Amendment Sponsor Filed Last Committee Action Format
    043629 - Amendment
    Between lines 70 and 71, insert:
    Gaetz 1/24/2012
    6:36 PM
    Not Considered
    1/25/2012
    PDF
    519551 - Amendment
    Between lines 70 and 71, insert:
    Gaetz 1/24/2012
    6:37 PM
    Not Considered
    1/25/2012
    PDF
    212269 - Amendment
    Remove line 148 and insert:
    Gaetz 1/24/2012
    6:38 PM
    Not Considered
    1/25/2012
    PDF

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. Page 3 (pdf)

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  • HB 385, Original Filed Version Posted 10/18/2011 at 9:08 AM

    Bill Text:   Web Page | PDF
    Analyses:   Civil Justice Subcommittee (Post-Meeting) 12/9/2011 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 614 Sovereign Immunity Bennett Similar Last Action: 3/9/2012 S Died in Health Regulation
    Location: In committee/council (HR)

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. Page 3 (pdf)

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