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Florida Supreme Court approves amendment to medical malpractice presuit screening rule, Fla. R. Civil Procedure 1.650, to conform to Florida’s medical malpractice statute regarding presuit discovery methods

On April 8, 2021, the Florida Supreme Court approved amendments to Florida Rule of Civil Procedure 1.650 (Medical Malpractice Presuit Screening Rule) to create consistency with the current version of section 766.106(6), Florida Statutes (2020), regarding informal discovery. Subdivision (c)(1) of Rule 1.650 is amended to include “written questions” and “unsworn statements of treating health care providers” as methods of obtaining presuit screening discovery. New subdivisions, (c)(2)(D) and (c)(2)(E), are added to provide guidance on using written questions and unsworn statements of treating healthcare providers as methods of discovery.

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