Adventist Health System Sunbelt, Inc. v. Watkins

In Adventist Health System Sunbelt, Inc. v. Watkins, 675 So. 2d 1051 (Fla. 5th DCA 1996), the Fifth District held that section 766.106(5) did not preclude discovery or use in evidence of a physician's verified medical opinion which had been attached to the notice of intent in litigation involving other parties. It affirmed the trial court's ruling that a defendant's expert witness could be cross-examined using the affidavit he had prepared for the presuit screening in connection with an earlier incident at another hospital. See id. The court concluded that the affidavit could not be considered "work product generated by the presuit screening process" of the case before it because the expert was not a participant in the presuit screening process of the case. See id.