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Florida Statute 766.205 | Lawyer Caselaw & Research
F.S. 766.205 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 766.205

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.205
766.205 Presuit 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.

F.S. 766.205 on Google Scholar

F.S. 766.205 on Casetext

Amendments to 766.205


Arrestable Offenses / Crimes under Fla. Stat. 766.205
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.205.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. MORRIS, v. S. MUNIZ, M. D., 252 So. 3d 1143 (Fla. 2018)

. . . with the informal presuit discovery process for medical malpractice claims in violation of section 766.205 . . . Stat. (2011) ; see id. § 766.205(1). I. . . . Section 766.205, Florida Statutes (2011) Section 766.205(1) requires that, after the completion of the . . . Id. § 766.205(2). B. . . . Thompson's qualifications warranted dismissal under section 766.205(2). Morris , 189 So.3d at 351. . . .

L. MORRIS, S. v. S. MUNIZ, M. D. OB GYN d b a G. M. D., 189 So. 3d 348 (Fla. Dist. Ct. App. 2016)

. . . failed to provide reasonable access to information during pre-suit investigation pursuant to section 766.205 . . . presuit “shall be grounds for dismissal of any applicable claim or defense ultimately asserted.” § 766.205 . . . cooperation with appellees’ attempts to verify the expert’s qualifications merited dismissal under sections 766.205 . . .

SCALICE, v. ORLANDO REGIONAL HEALTHCARE,, 120 So. 3d 215 (Fla. Dist. Ct. App. 2013)

. . . appeal, two of which merit discussion and reversal— whether the trial court properly interpreted section 766.205 . . . The trial court refused to consider the Estate’s pre-suit affidavits based on section 766.205(4), which . . . The plain language of section 766.205(4) only precludes “the opposing party” from admitting pre-suit . . . Clearly, that use is prohibited by section 766.205(4). . . .

BERY, v. FAHEL, D. O., 88 So. 3d 236 (Fla. Dist. Ct. App. 2011)

. . . a subsequent hearing, the plaintiffs’ counsel objected on the basis of privilege, citing to section 766.205 . . . Khilnani pursuant to section 766.205(4). . . . As section 766.205(4) merely pertains to the dis-coverability or admissibility of any "statement, discussion . . .

VARIETY CHILDREN S HOSPITAL d b a s v. BOICE, 27 So. 3d 788 (Fla. Dist. Ct. App. 2010)

. . . Because of the clear and unambiguous language of section 766.205(4), which provides that “[n]o statement . . . would be public record, and, if not quashed, violative of the confidentiality privilege of section 766.205 . . . Because any deviation from the clear and unambiguous language of section 766.205(4) would contravene . . .

KANAAN, M. D. v. D. OSBORNE,, 950 So. 2d 1291 (Fla. Dist. Ct. App. 2007)

. . . which compelled him to provide notes that he, claims are exempt from discovery pursuant to section 766.205 . . . Section 766.205(4) provides, “No statement, discussion, written document, report, or other work product . . .

E. MICHAEL, S. v. MEDICAL STAFFING NETWORK, INC. d b a R. N., 947 So. 2d 614 (Fla. Dist. Ct. App. 2007)

. . . Further, section 766.205(1) refers to the requirement of an investigation “corroborated by medical expert . . . opinion that there exist reasonable grounds for a claim of negligent injury.” § 766.205(1), Fla. . . .

UNIVERSITY OF MIAMI, v. WILSON,, 948 So. 2d 774 (Fla. Dist. Ct. App. 2006)

. . . See § 766.205(2), Fla. . . .

LARGIE v. GREGORIAN, M. D. M. D. P. A. A. R. N. P. C. M. D. M. D. P. A., 913 So. 2d 635 (Fla. Dist. Ct. App. 2005)

. . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . .

APOSTOLICO, v. ORLANDO REGIONAL HEALTH CARE SYSTEM, INC., 871 So. 2d 283 (Fla. Dist. Ct. App. 2004)

. . . See §§ 766.203(2), 766.205(5), Fla. Stat. (2002). . . .

VINCENT, v. A. KAUFMAN, M. D., 855 So. 2d 1153 (Fla. Dist. Ct. App. 2003)

. . . court dismissed Vincent’s case with prejudice on the grounds that dismissal was mandatory under section 766.205 . . . Section 766.205, Florida Statutes (2001), provides: (1) Upon the completion of presuit investigation . . .

COLUMBIA JFK MEDICAL CENTER LIMITED PARTNERSHIP, d b a JFK v. BROWN M. D. M. D. P. A., 805 So. 2d 28 (Fla. Dist. Ct. App. 2001)

. . . . § 766.203; see also § 766.205(1). . . .

S. TORREY, v. LEESBURG REGIONAL MEDICAL CENTER,, 796 So. 2d 544 (Fla. Dist. Ct. App. 2001)

. . . Section 766.205(2), Florida Statutes (emphasis added). . . .

N. P. NOLAN, M. D. v. TURNER, 737 So. 2d 579 (Fla. Dist. Ct. App. 1999)

. . . defendants for failure to participate in informal discovery as required by sections 766.106(6) and 766.205 . . .

J. COHEN, M. D. v. DAUPHINEE,, 739 So. 2d 68 (Fla. 1999)

. . . Section 766.205(4), which is virtually identical to section 766.106(5), was also added at that time. . . . intended section 766.205(4), rather than section 766.106(5), to apply to the affidavit attached to the . . . However, since the language of section 766.106(5) is virtually identical to that of section 766.205(4 . . . Finally, we emphasize that the clear and unambiguous language of section 766.205(4) provides that “[n . . . This protection is identical to that which is provided in section 766.205(4). . . . Section 766.205(4), Florida Statutes (1995), expressly provides: No statement, discussion, written document . . . Thus, section 766.205(4), Florida Statutes, provides an immunity from discovery or admission into evidence . . . The statutory reference to “other work product” in section 766.205(4) demonstrates that the statements . . . If the Legislature intended the language in section 766.106(5) and 766.205(4) to be all-encompassing, . . . This language lends further support that the language in sections 766.106(5) and 766.205(4) only talks . . .

CLARK, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d b a, 65 F. Supp. 2d 1308 (M.D. Fla. 1998)

. . . The presuit discovery process permitted by §§ 766.106(7) and 766.205, Florida Statutes do not allow for . . .

OTTO v. J. J. RODRIGUEZ, M. D., 710 So. 2d 1 (Fla. Dist. Ct. App. 1998)

. . . Statutes, which prevented the plaintiffs from obtaining a medical affidavit as required under section 766.205 . . . November 2, 1995, but did not file an affidavit of corroborating medical opinion as required by section 766.205 . . .

PAULK v. NATIONAL MEDICAL ENTERPRISES INC. NME, 679 So. 2d 1289 (Fla. Dist. Ct. App. 1996)

. . . discovery provisions apply to cases in which there are grounds for a “claim of negligent injury,” § 766.205 . . .

KUKRAL v. D. MEKRAS, M. D. Dr. T. d b a, 679 So. 2d 278 (Fla. 1996)

. . . .” § 766.205(1), Fla.Stat. (1995). . . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . .

J. KARR, D. D. S. J. D. D. S. P. A. v. SELLERS,, 668 So. 2d 629 (Fla. Dist. Ct. App. 1996)

. . . Similarly, in section 766.205(2), which is not applicable here either, the legislature authorized “dismissal . . .

DAVIS, a v. ORLANDO REGIONAL MEDICAL CENTER,, 654 So. 2d 664 (Fla. Dist. Ct. App. 1995)

. . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . . corroborating expert opinion identify every possible instance of medical negligence. § 766.203; see also § 766.205 . . .

WATKINS, v. ROSENTHAL, M. D. M. D. P. A., 637 So. 2d 993 (Fla. Dist. Ct. App. 1994)

. . . Section 766.205(4), Florida Statutes (1993), provides: “No statement, discussion, written document, report . . . Therefore, the deposition would violate section 766.205(4), which provides no exception to the discovery . . .

WILKINSON, v. E. GOLDEN, Jr. D. D. S., 630 So. 2d 1238 (Fla. Dist. Ct. App. 1994)

. . . . § 766.205. . . . A party’s lack of good faith cooperation in the informal discovery may result in sanctions. § 766.205 . . . Golden relied on sections 766.204 and 766.205 in his motion to dismiss; both were cited in the trial . . . Section 766.205 provides specifically that the duty of informal discovery begins after notice of intent . . .

WHEALTON, v. L. MARSHALL, M. D. B. Jr. M. D. R. M. D. M. D. M. D. M. D. HCA d b a HCA St. a L. M. D. H. M. D. H. M. D. D. M. D. E. M. D. d b a AMI a a, 631 So. 2d 323 (Fla. Dist. Ct. App. 1994)

. . . argues that the documents are protected from discovery under the presuit investigation statute, section 766.205 . . . Section 766.205(4) provides in pertinent part: No statement, discussion, written document, report, or . . . As a result, the expert’s summary notes are not discoverable by the opposing party under section 766.205 . . . memorandum was not “generated solely by the presuit investigation process” within the meaning of section 766.205 . . . question are neither discoverable nor admissible in court by the opposing party, as set forth in section 766.205 . . .

D. KOZEL, v. D. OSTENDORF, D. P. M., 629 So. 2d 817 (Fla. 1993)

. . . grounds that the complaint failed to state a cause of action and that Kozel failed to comply with section 766.205 . . .

RAGOONANAN, a By RAGOONANAN E. E. v. ASSOCIATES IN OBSTETRICS GYNECOLOGY K. K. M. D. F. II, M. D. P. M. D. M. D. d b a, 619 So. 2d 482 (Fla. Dist. Ct. App. 1993)

. . . that the Ra-goonanans failed to cooperate in good faith with presuit discovery, as required by section 766.205 . . .

WILLIAMS v. W. POWERS,, 619 So. 2d 980 (Fla. Dist. Ct. App. 1993)

. . . Section 766.205(4) provides: (4) No statement, discussion, written document, report, or other work product . . .

M. DUFFY, M. D. v. BROOKER,, 614 So. 2d 539 (Fla. Dist. Ct. App. 1993)

. . . .-204-766.205 provide for informal presuit discovery and require each party to provide the other with . . .

STEBILLA v. J. MUSSALLEM, M. D., 595 So. 2d 136 (Fla. Dist. Ct. App. 1992)

. . . section 95.11, were subject to dismissal pursuant to section 52(2), Chapter 88-1, now codified as section 766.205 . . . corroboration altogether pursuant to the provisions of section 52(3), Chapter 88-1, now codified as section 766.205 . . . statutes did not waive the requirement of a written medical corroboration pursuant to what is now section 766.205 . . . Section 766.205(1) refers to the fact that the notice of intent is to be “corroborated by” a medical . . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . .