The 2023 Florida Statutes (including Special Session C)
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. . . a verified written medical expert opinion from a medical expert as that term is defined in section 766.202 . . .
. . . . § 766.202(6), Fla. Stat. (2011). The record reveals that at the time Dr. . . . The term "medical expert" is defined in section 766.202(6) as "a person duly and regularly engaged in . . . Section 766.202(6) expressly provides that the person must also hold a certain professional degree and . . . When reviewing the distinct requirements of sections 766.202(6) and 766.102 together, it is clear that . . . See § 766.202(6), Fla. Stat. The majority dismisses the notion that Dr. . . . See § 766.202, Fla. Stat. (Supp. 1988). . . . Thompson was not qualified. §§ 766.202(6) ; 766.102(5)(a)2., Fla. Stat. (2011). . . . Sections 766.202 and 766.102 were amended in 2003. Ch. 2003-416, § 48, Laws of Fla. . . . ." § 766.202(5), Fla. Stat. (2002). There was no cross-reference to section 766.102. Id. . . . An analysis of the bill that amended sections 766.202 and 766.102 suggests that the changes were made . . .
. . . ." § 766.202(1), Fla. Stat. (2011). . . .
. . . required to submit a "verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . A medical expert as defined in section 766.202(6) is "a person duly and regularly engaged in the practice . . .
. . . It is undisputed that the National Deaf Academy is not a health care provider, as defined in section 766.202 . . .
. . . Section 766.202(3) and (8), Florida Statutes (2014), define economic and non-economic damages as follows . . .
. . . including “submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a “medical expert” as a person duly and regularly engaged in the practice . . .
. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . . Id. § 766.202(5). . . .
. . . Section 766.202(7) defines “medical negligence” as “medical malpractice, whether grounded in tort or . . .
. . . review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202 . . .
. . . employees who administered the TACT protective hold on Perry are healthcare providers under section 766.202 . . .
. . . The expert must meet the qualifications set forth in sections 766.202(6) and 766.102(5). . . . not contain a verified .written medical expert opinion by an expert witness as defined under section 766.202 . . . .” § 766.202(6), Fla. Stat. (2011). . . .
. . . Section 766.202(6), Florida Statutes (2013), defines “medical expert” as “a person duly and regularly . . .
. . . read section 766.106(l)(a), Florida Statutes (defining a claim for medicál negligence), and section 766.202 . . .
. . . See, e.g., § 766.202, Fla. Stat. . . .
. . . A review of Chapter 766 reveals that subsection 766.202(5) defines “investigate” to mean “that an attorney . . .
. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .
. . . Section 766.202(8), Florida Statutes (2005), defines noneconomic damages as "nonfinancial losses that . . . .” § 766.202(8), Fla. Stat. (2005) (incorporated in § 766.118(l)(b), Fla. Stat. (2005)). . . .
. . . ophthalmologist subsequently filed an Answer, asserting noncompliance with sections 766.102, 766.106, 766.202 . . . corroborating written medical expert.opinion in compliance with the requirements of F.S. 766.203(2), F.S. 766.202 . . . required to submit “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a medical expert as “a person ... engaged in the practice of his or her profession . . . university or college and who meets the requirements of an expert witness as set forth in s. 766.102.” § 766.202 . . . plaintiff must submit “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a medical expert as “a person duly and regularly engaged in the practice of . . .
. . . . § 766.202(4), Fla. Stat. (2009). . . .
. . . ) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s.766.202 . . . ) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s.766.202 . . .
. . . . § 766.202(3), Fla. Stat. (2012). . . .
. . . .” § 766.202(7). . . . .
. . . Section 766.203 is governed by the definition of health care provider in section 766.202(4). . . . See § 766.202. . . . Section 766.202(4) does not list mental health facilities licensed under chapter 394, and it is likewise . . .
. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . In support of its motion, Life-South relied on the 2003 amendment to section 766.202(4) Florida Statutes . . . The court ruled that LifeSouth is a health care provider, as defined in section 766.202(4), but it denied . . .
. . . review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202 . . .
. . . malpractice because he failed to produce a verifiable, corroborating medical expert opinion under section 766.202 . . .
. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .
. . . failure to timely provide medical records waived the requirement of a “written opinion” under subsection 766.202 . . .
. . . that such death or injury resulted from the negligence of a health care provider as defined in - s. 766.202 . . . Under section 766.202(4), a health care provider is any hospital, ambulatory surgical center, or mobile . . . The language of sections 766.102(1) and 766.202(4) is unambiguous, and our conclusion regarding the Pharmacists . . .
. . . corroborated with a “verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . university or college and who meets the requirements of an expert witness as set forth in s. 766.102.” § 766.202 . . . Id. at 287 ("We conclude that a plain reading of section 766.202(5) indicates that a nurse or any other . . .
. . . . § 766.202(8), Fla. Stat. (2007). . . .
. . . Section 766.203(2) requires a corroborating affidavit from a medical expert as defined in section 766.202 . . . Section 766.202(6) provides that a medical expert must meet the requirements of an expert witness as . . .
. . . Section 766.102(5), Florida Statutes (2009), as referenced in section 766.202(6), defines the “requirements . . . See § 766.202(4), Fla. Stat. (2009). . . . Byrne’s qualifications under section 766.202, Florida Statutes (2009), which defines “medical expert” . . . The term “medical expert” as used in section 766.202(6) is a term of art delineated by that statute. . . . Byrne is “duly and regularly engaged” in the practice of nursing under section 766.202(6) and satisfies . . .
. . . submitting a verified written medical expert opinion from a medical expert as defined under section 766.202 . . . Section 766.202(6), in turn, defines a “medical expert” as someone who meets the requirements of an expert . . . because he did not attach a corroborating affidavit of a medical expert that complied with section 766.202 . . .
. . . Butler is not a “health care provider” as defined in section 766.202(4), Florida Statutes, we find that . . . The term “health care provider” is defined in section 766.202(4), Florida Statutes (2003) as any hospital . . . Given the unambiguous language of section 766.202(4), Florida Statutes, and Florida courts’ strict construction . . . 766.102(1) was updated to reference the newly-added definition of “health care provider” in section 766.202 . . .
. . . .” § 766.202(1), Fla. Stat. As seen in St. . . .
. . . .” § 766.202(7), Fla. Stat. (2008). . . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .
. . . )Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . .
. . . litigation” in the form of “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines medical expert as “a person duly and regularly engaged in the practice of . . . Thus, under sections 766.203(2), 766.202(6), and 766.102(5), the written expert opinion that accompanies . . . knowledge or skill about the subject upon which he or she is called to testify or provide an opinion.” § 766.202 . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . Stat. (1997); § 766.202(4), Fla. Stat. (2009). And “health care facility” includes a hospital. . . .
. . . memorandum of law, the defendants indicated that the doctor was a health care provider as defined in section 766.202 . . .
. . . . § 766.202(8) (incorporated in Fla. Stat. § 766.118(l)(b)). . . . Stat. § 766.202(1). . . .
. . . requirements by failing to attach a corroborating affidavit of a “medical expert” as defined by section 766.202 . . . Foster to be a qualified medical expert within the meaning of section 766.202, Florida Statutes (2007 . . . affidavit of reasonable grounds to initiate medical negligence from a medical expert as defined in section 766.202 . . . Section 766.202(6) defines a medical expert as: [A] person duly and regularly engaged in the practice . . .
. . . The arbitration panel decided that the economic damages recoverable pursuant to sections 766.202(3) and . . . The legislature also amended section 766.202(3), adding the underlined language: “Economic damages” means . . . The arbitration panel rejected the hospital’s argument that the 2008 amendments to sections 766.202 and . . . Whatever clarity is lacking in section 766.207(7) seems to have been resolved in section 766.202(3), . . . Section 766.202(3) must be read in pari materia with section 766.207(7). . . .
. . . Lazzarin’s affidavit failed to satisfy the requirements of sections 766.102, 766.202, and 766.203, Florida . . . Section 766.202(6), Florida Statutes (2006), defines "medical expert” as "a person duly and regularly . . .
. . . file the claim with “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) requires an expert to meet the requirements contained in section 766.102. . . .
. . . Morillo and failed to name him despite section 766.202(5)’s requirement that an attorney review the case . . . Section 766.202(5) provides that “ ‘^Investigation’ means that an attorney has reviewed the case against . . .
. . . . §§ 766.1115(3)(d)8, 766.1116(1), & 766.202(4), Fla. Stat. (2004). . . .
. . . In 2003, the Legislature amended section 766.202, Florida Statutes, to define “health care provider” . . . negligence; standards of recovery; expert, witness,” the Legislature added a specific reference to section 766.202 . . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . . Additionally, as previously stated, section 766.202(4), Florida Statutes (2003), provides: “Health care . . . Clinical laboratories licensed under chapter 483 are health care providers as defined in section 766.202 . . .
. . . . § 766.202(4) is a question of fact which cannot be resolved at the Motion to Dismiss stage. . . . Stat. § 766.202(4). . . . Stat. § 766.202(4). . . . Stat. § 766.202(4) is inapplicable. . . . Stat. § 766.202(4) to be applicable, any cause of action arising under this statute would run counter . . .
. . . Section 766.102(1) refers to the definition of health care provider in section 766.202(4), which includes . . .
. . . See § 766.202(4), Fla. Stat. (2004). . . .
. . . See § 766.202(5), Fla. Stat. (2004). . . . Section 766.202(5) defines “investigation” to mean “that an attorney has reviewed the case against each . . .
. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . Section 766.202(1) states: “Claimant” means any person who has a cause of action for damages based on . . . personal injury or wrongful death arising from medical negligence. § 766.202(1), Fla. . . . provision commands that the person who gives notice must be the “claimant [with the] cause of action.” § 766.202 . . . Salmon were not “claimants” pursuant to sections 766.106(2) and 766.202(1) of Florida’s Medical Malpractice . . .
. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .
. . . Chapter 466, Florida Statutes (2004), a dentist is a "health care provider” within the meaning of section 766.202 . . .
. . . .” § 766.202(4). We agree with Dr. . . .
. . . . § 766.202(4), Fla. Stat. (2002). . . . Stat. (2004)(requiring a corroborating opinion from a medical expert as defined in section 766.202(6) . . . ); § 766.202(6), Fla. . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s.766.202 . . .
. . . The definition of medical expert contained in section 766.202(6) is one who meets the requirement of . . . As is apparent from our analysis above, however, section 766.202(6), which was enacted in 2003, has eliminated . . . Although the incident in this case occurred in 2001, prior to the passage of section 766.202(6), the . . .
. . . Florida Supreme Court has read the two definitions of “medical negligence” found in sections 766.106 and 766.202 . . .
. . . See § 766.202(5), Fla. Stat. (2002); Apostolico v. . . . Compare section 766.202(6), Florida Statutes (2003), with section 766.202(5), Florida Statutes (2002) . . .
. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .
. . . It begins by providing that to qualify under section 766.202(5) a “medical expert” must be “a person . . . See, e.g., Dingler (recognizing that under section 766.202(5), a person may qualify as a medical expert . . . Section 766.202(5), Florida Statutes (2002), provides that ‘‘[a]s used in ss. 766.201-766.212, the term . . . These definitions lead us to conclude that section 766.202(5) provides a less stringent standard for . . . Specifically, the court stated that "health care providers” as contemplated under section 766.202(5), . . .
. . . Economic damages are defined in section 766.202(3). . . . . § 766.202(3), Fla. Stat. (2002). . . . financial loss[ ] which would not have occurred but for the injury giving rise to the cause of action,” § 766.202 . . . That Task Force expressly recommended that the Legislature amend sections 766.202 and 766.207 to specifically . . . And the Legislature followed this recommendation by so amending sections 766.202 and 766.207. . . . Section 766.202 defines “economic damages ” as financial losses which would not have occurred but for . . . limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity. § 766.202 . . . Specifically, we concluded: The plain language of sections 766.202(3) and 766.207(7)(a) indicates that . . . See §§ 766.202(2), 766.207(7)(a). . . . .” § 766.202(3) (emphasis supplied). . . .
. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . provided by employers or by any other system intended to provide wages during a period of disability. § 766.202 . . . setoff available in a medical malpractice arbitration is for collateral sources as defined by section 766.202 . . . Section 766.202(3), Florida Statutes (1997), defines economic damages as: “Economic damages” means financial . . . Section 766.202(7), Florida Statutes (1997), defines noneconomic damages as: "Noneconomic damages” means . . .
. . . .” § 766.202(6), Fla. Stat. (1997). . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . See § 766.202(6), Fla. Stat. (2000). . . . This court noted that under section 766.202(6), it does not matter whether the plaintiffs’ claim is framed . . .
. . . But section 766.202(2)(a), Florida Statutes (2001), defines collateral sources to include any payments . . .
. . . require “claimant” to mean one thing in sections 766.106 and 766.203 and another thing in sections 766.202 . . . .” § 766.202(1), Fla. Stat. (1999). . . . claimant” is clearly defined as “any person who has a cause of action arising from medical negligence.” § 766.202 . . .
. . . The Halifax ^settlement does not meet the definition of collateral source payments set out in section 766.202 . . .
. . . defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . .” § 766.202(1), Fla. Stat. (1999). . . .
. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . are controlled by the Medical Malpractice Act rather than the Wrongful Death Act and that sections 766.202 . . . claimant” is clearly defined as “any person who has a cause of action arising from medical negligence.” § 766.202 . . . Section 766.202(3) defines “economic damages” as “including, but not limited to, past and future medical . . . The plain language of sections 766.202(3) and 766.207(7)(a) indicates that the full range of economic . . .
. . . Section 766.202(6) defines “[m]edical negligence” as “medical malpractice, whether grounded in tort or . . .
. . . claimant's submission of a verified mitten medical expert opinion from a medical expert as defined in s. 766.202 . . . defendant's submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . grounds that appellant failed to produce a verifiable, corroborating medical expert opinion under section 766.202 . . . on his failure to produce a verifiable, corroborating medical expert opinion as defined in section 766.202 . . .
. . . the opinions possess the credentials necessary to qualify them as a medical expert as defined in § 766.202 . . . care knowledge or skill about the subject upon which he is called to testify or provide an opinion.” § 766.202 . . .
. . . specifically that the verified medical opinion was not from a medical expert as defined by section 766.202 . . .
. . . plaintiffs who had their case dismissed for failure to comply with the presuit requirements of section 766.202 . . .
. . . damages for future economic losses shall be awarded to be paid by periodic payments pursuant to section 766.202 . . .
. . . .” § 766.202(1) Fla. Stat. (1995). . . . rehearing is that each of these WDA beneficiaries is a separate claimant within the meaning of MMA section 766.202 . . . we have seen, a claimant under MMA must state a cause of action arising from medical negligence. § 766.202 . . . personal representative who, it seems to us, qualifies as a claimant within the meaning of MMA section 766.202 . . . that the beneficiaries, simply because they are WDA beneficiaries, become claimants under MMA section 766.202 . . .
. . . instant action because respondents’ corroborating expert lacked the qualifications required by section 766.202 . . . Respondents contend that those cases hold that section 766.202(5) provides a less stringent standard . . . It begins by providing that to qualify under section 766.202(5) a “medical expert” must be “a person . . . Oppenheim clearly meets this latter qualification for a “medical expert” under section 766.202(5). . . . His opinion, therefore, satisfies the requirements of both sections 766.102(2)(c)2. and 766.202(5). . . . expert in section 766.102(2)(c)2, Florida Statutes, onto the definition of expert contained in section 766.202 . . . (5), Florida Statutes, in light of the ambiguous wording of section 766.202(5), Florida Statutes, I agree . . .
. . . Defendants also point out that claimant is defined in the definitional provisions in section 766.202 . . . d]amages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . The definitional provisions of the Medical Malpractice Act, namely section 766.202(8) (c), provide that . . . See §§ 766.202(3) (“ ‘Economic damages’ means financial losses which would not have occurred but for . . .
. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . It is contended that a “medical expert” as defined by section 766.202(5), Florida Statutes (1995), must . . . experience administering geriatric care facilities, was a qualified medical expert as defined in section 766.202 . . . Section 766.202(5) defines a medical expert as: [a] person duly and regularly engaged in the practice . . .
. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . .
. . . The term “medical negligence” is defined in section 766.202(6) to mean “medical malpractice, whether . . . Under section 766.202(6), we don’t think it much matters whether the plaintiffs’ claim is framed as an . . .
. . . the plaintiffs failure to comply with their duty to conduct an investigation as defined by section 766.202 . . . The judicial gloss that the majority applies to section 766.202(4) controls only when the plaintiff has . . . Section 766.202(4) defines “investigation” .to mean “that an attorney has reviewed the case against each . . .
. . . Gardner, was not a qualified medical expert under section 766.202(5), Florida Statutes (1993). . . . Gardner is in fact a qualified medical expert for the purposes of section 766.202(5). . . .
. . . Gardner was not a qualified medical expert as defined in section 766.202(5). . . . Section 766.202(5) defines a medical expert as: [a] person duly and regularly engaged in the practice . . . Gardner’s disqualification as a trial expert are not within the purview of section 766.202(5). . . . The less stringent standard of section 766.202(5) is in keeping with the legislative aim of preventing . . . Gardner’s qualifications did not meet the requirements of section 766.202(5), the trial court erred in . . .
. . . verified written opinion in attempted compliance with the pre-suit screening requirements of sections 766.202 . . . 1993) was not “duly and regularly engaged in the practice of his profession,” as defined by section 766.202 . . .
. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . Resolution of this issue requires construction of section 766.202(8), Florida Statutes (1993), which . . . The circuit court held that the annuity would be satisfactory “security” pursuant to section 766.202( . . . We find nothing in section 766.202(8)(b) to support appellants’ argument that, by posting “security” . . .
. . . Section 766.202 further defines “medical negligence” as “medical malpractice, whether grounded in tort . . . or in contract.” § 766.202(6), Fla.Stat. (1989). . . . Savage, 632 So.2d 114 (Fla. 3d DCA 1994). . § 766.106(l)(a), Fla.Stat. (1989). . § 766.202(6), Fla. . . .
. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .
. . . Section 766.202(5) provides that “[a]s used in ss. 766.201-766.212, the term ‘medical expert’ means a . . . Section 766.202(5), which defines medical expert as expressly applicable to section 766.203, provides . . . The less stringent standard of section 766.202(5) is in keeping with the legislative aim of preventing . . . Section 766.202(4) states that “‘investigation’ means that an attorney has reviewed the case against . . . That I am a medical expert as defined by Florida Statute § 766.202(5); 2. . . .
. . . the plaintiffs failure to comply with their duty to conduct an investigation as defined by section 766.202 . . . The judicial gloss that the majority applies to section 766.202(4) controls only when the plaintiff has . . .