The 2023 Florida Statutes (including Special Session C)
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. . . 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. . . .
. . . 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 . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . See § 766.205(2), Fla. . . .
. . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . .
. . . See §§ 766.203(2), 766.205(5), Fla. Stat. (2002). . . .
. . . 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 . . .
. . . . § 766.203; see also § 766.205(1). . . .
. . . Section 766.205(2), Florida Statutes (emphasis added). . . .
. . . defendants for failure to participate in informal discovery as required by sections 766.106(6) and 766.205 . . .
. . . 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 . . .
. . . The presuit discovery process permitted by §§ 766.106(7) and 766.205, Florida Statutes do not allow for . . .
. . . 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 . . .
. . . discovery provisions apply to cases in which there are grounds for a “claim of negligent injury,” § 766.205 . . .
. . . .” § 766.205(1), Fla.Stat. (1995). . . . And § 766.205(1) specifically provides that the medical opinion need only corroborate that “there exists . . .
. . . Similarly, in section 766.205(2), which is not applicable here either, the legislature authorized “dismissal . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . grounds that the complaint failed to state a cause of action and that Kozel failed to comply with section 766.205 . . .
. . . that the Ra-goonanans failed to cooperate in good faith with presuit discovery, as required by section 766.205 . . .
. . . Section 766.205(4) provides: (4) No statement, discussion, written document, report, or other work product . . .
. . . .-204-766.205 provide for informal presuit discovery and require each party to provide the other with . . .
. . . 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 . . .