766.203 As mentioned below, the information applies only to the state of Florida and is in reference to the investigation of medical negligence claims in presuit and the defenses that can be made by the potential defendants.
(1) Investigation Application in Presuit –
With respect to ss. 766.204-766.206 and this section, medical negligence defenses and claims during pre-suit investigation shall be applicable to all medical negligence defenses and claims, including:
(a) Under s.768.19, the right of defenses and actions.
(b) Pursuant to s.768.28, the involvement of the agencies, state, subdivisions, agents, or their officers and employee’s rights of actions and defenses.
(2) Claimant Presuit Investigation-
Prior to being able to file a medical negligence claim notice of intent regarding s.766.106 can be done, the plaintiff must conduct an investigation to assure themselves that there are enough means to believe the following:
(a) The presence of negligence towards the claimant during their treatment or care was performed by any named defendant, and
(b) The claimant’s injuries were a result of the negligence.
As defined in s.766.202(6), once the notice of intent to file a lawsuit has been mailed accordingly, the medical expert must provide their expert opinion stating that there are enough grounds to proceed with such intention and file a lawsuit for medical negligence and it must be stated within the notice of intent in writing.
(3) Prospective Defendant Presuit Investigation-
The prospective defendant of their self-insurer or insurer can investigate as mentioned in s. 766.106(3) during the time frame allowed before having to issue a response in accordance with the notice of intent. This investigation will show whether there are enough grounds to believe that:
(a) The presence of negligence towards the claimant during their treatment or care was clearly performed by the defendant, and
(b) The claimant’s injuries were a result of that negligence.