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Plaintiff cannot obtain record discovery prior to completion of statutorily required informal delivery.

April 1, 2010
Variety Children's Hospital v. Boice, 35 Fla. L. Weekly D406, decided February 17, 2010

The plaintiff served a notice of intent to initiate litigation for medical malpractice against a pediatric neurologist and, upon the completion of the pre-suit period, filed suit against the neurologist. Thereafter, the plaintiff filed an amended complaint naming Miami Children's as a defendant. Miami Children's filed a motion to dismiss for failure to comply with pre-suit requirements of chapter 766 as no notice of intent had been served, which motion was granted and the case dismissed as to Miami Children's. Thereafter, the plaintiff served a notice of intent on Miami Children's and at the same time served a notice to produce documents and subpoenas duces tecum for videotaped depositions of hospital personnel. Miami Children's moved for a protective order and to quash the subpoenas duces tecum on the grounds that the pre-suit investigation had not been completed. The court found that formal discovery may not be instituted until a lawsuit has been formally filed as the information obtained during pre-suit screening is confidential and not subject to formal discovery.

Case Law Alert - 2nd Qtr 2010

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Janice L. Merrill
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(407) 420-4411
jlmerrill@mdwcg.com

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