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

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