EMAIL US
info@mcmillenlawfirm.com
 

   IF NO RECOVERY - NO FEE OR EXPENSES

CALL US
1-800-974-4929

 

WE ACCEPT MALPRACTICE CASES ALL OVER FLORIDA

 

 
PRE-SUIT CLAIMS AND DEFENSES


(STATUTES)

Disclaimer:  This is part of the 2009 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case. 

(The information on this site applies to Florida only)

766.205  Pre-suit discovery of medical negligence claims and defenses.--

(1)  Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 766.106, corroborated by medical expert opinion that there exist reasonable grounds for a claim of negligent injury, each party shall provide to the other party reasonable access to information within its possession or control in order to facilitate evaluation of the claim.

(2)  Such access shall be provided without formal discovery, pursuant to s. 766.106, and failure to so provide shall be grounds for dismissal of any applicable claim or defense ultimately asserted.

(3)  Failure of any party to comply with this section shall constitute evidence of failure of that party to comply with good faith discovery requirements and shall waive the requirement of written medical corroboration by the party seeking production.

(4)  No statement, discussion, written document, report, or other work product generated solely by the presuit investigation process is discoverable or admissible in any civil action for any purpose by the opposing party. All participants, including, but not limited to, hospitals and other medical facilities, and the officers, directors, trustees, employees, and agents thereof, physicians, investigators, witnesses, and employees or associates of the defendant, are immune from civil liability arising from participation in the presuit investigation process. Such immunity from civil liability includes immunity for any acts by a medical facility in connection with providing medical records pursuant to s. 766.204(1) regardless of whether the medical facility is or is not a defendant.

History.--s. 52, ch. 88-1; s. 28, ch. 88-277; s. 34, ch. 91-110.


Serving All of Florida - Free Consultation
 

Send Us
an E-mail

Call Toll Free 
1-800-974-4929

No Fee or Expenses Unless Recovery is Obtained
 

ORLANDO
390 North Orange Avenue
Suite 140
Orlando, Florida     32801
Phone:   (407) 843-0126

Map and Directions
TAMPA BAY
2202 North West Shore Blvd.
Suite 200
Tampa, Florida 33607
Phone: 813-639-7644

Map and Directions
JACKSONVILLE
10151 Deerwood Park Blvd.
 Bld. 200, Suite 250
Jacksonville, Florida 32256
Phone:   904-371-3518

Map and Directions
MIAMI
201 South Biscayne Blvd
28th Floor
Miami, Florida 33131
Phone: 1-800-974-4929

Map and Directions

WEST PALM BEACH

777 South Flagler Ave.
Suite 800 - West Tower 4
West Palm Beach, Florida 32256
Phone: 1-800-974-4929

Map and Directions

FORT LAUDERDALE

110 East Broward Blvd
Suite 1700
Fort Lauderdale, Florida 33301

Phone: 1-800-974-4929

Map And Directions

SARASOTA

1990 Main Street
Suite 750
Sarasota, Florida 34236
Phone: 941-309-5144


Map and Directions

ATLANTA

3455 Peachtree Road N.E.
5th Floor
Atlanta, Georgia 30326
Phone: 1-800-974-4929

Map and Directions

 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

Copyright 1997-2010 -  McMillen Law Firm * A Professional Association
All rights are reserved.  No articles,
notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part.  However materials may be referenced by appropriate links to the site.

MALPRACTICE QUESTIONS   |   LOOK UP DOCTORS   |   DO I HAVE A GOOD CASE?  |  STATUTES

  CASE REPORTS  |  NURSING HOMES  |  ABOUT US  |   CONTACT US  |   SITE MAP 

 HOME