766.206 The description below applies only to the State of Florida and pertains to the investigation conducted by the court for claims of medical negligence.
(1)A motion can be filed in the circuit court requesting that the court determines whether there is a reasonable basis for the denial or claim of the opposing party once the pre-suit investigation with respect to s.766.203 and the discovery in accordance with s.766.106 has been completed.
(2) If compliance with the requirements of a reasonable investigation under ss.766.201-766.212 were not followed by the plaintiff in their notice of intention to file a lawsuit against the defendant, including as defined in s.766.202, the review of the claim and medical expert opinion which has been verified, or under s.766.1065, the authorization requirements for notice of intent are not committed in good faith by the plaintiff, the dismissal of the claim can be performed by the court, and the liability of the fee’s and attorney’s costs take came from the evaluation, including those of the defendant, will fall upon the individual who mailed the notice in bad faith, whether it was the plaintiff’s attorney or the plaintiff who did so.
(3) If compliance with the requirements of a reasonable investigation under ss.766.201-766.212 were not followed by the defendant for their response to the intention to file a lawsuit against them, including as defined in s.766.202, the review of the claim and medical expert opinion which has been verified, or under s.766.1065, their plea shall be revoked by the court. Personal liability for the fee’s and attorneys costs take came from the evaluation, including those of the plaintiff, will fall upon the individual who mailed the response in bad faith, whether it was the defendant’s insurer or the defendant who did so.
(4)If the response to reject the claim was mailed without having performed the reasonable investigation by the defendant’s attorney, or that reasonable investigation was not performed by the plaintiff’s attorney before they filed the notice of intent, or that the requirements of reasonable investigation were not followed for medical negligence claims, these findings by the court will give them the right to have the Florida Bar review their findings to determine whether disciplinary action can be taken against the attorney who committed the above. If the attorney has been reported more than three times during a five period time frame, then the attorney shall be reported to the circuit grievance committee that is acting under the jurisdiction of the Supreme Court. If the findings performed by the committee concluded that the attorney violated this section, the Supreme Court shall be forwarded a copy of the committee’s findings.
5. (a) As mentioned in s.766.102(5), the qualifications of the expert witness and reasonable investigation were either not met or lacked validity and such opinion is attached to the response rejecting the claim or notice to file a claim, the findings of the medical expert who did not meet the qualifications can be submitted to the Division of Medical Quality Assurance or its designee by the court who determined these findings. If the expert who provided their opinion is not a resident of the state, then the report of the findings will be submitted to the medical expert’s disciplining authority.
(b) The refusal of the court to accept a testimony or opinion of an expert who has been disqualified three times can be granted by the court for any response or intent to file that has been attached, pursuant to this section.
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