Section 766.106 Florida Statutes - Screening Process
In Wendel v. Hauser, 726 So. 2d 378 (Fla. 4th DCA 1999), the Fourth District concluded that the plain language of section 766.106, which defines those claims subject to the presuit screening procedure, does not encompass claims for contribution. 726 So. 2d at 380.
Thus, the Fourth District held that "the presuit screening procedures initiated by the plaintiff did not toll the time for filing the action for contribution." Id.
The Fourth District also rejected the plaintiff's argument that the district court's previous decision in Walt Disney World Co. v. Memorial Hospital, 363 So. 2d 598 (Fla. 4th DCA 1978), also applied to the presuit screening process in chapter 766, Florida Statutes.
In Walt Disney, the Fourth District concluded that Disney World's claim for contribution against Memorial Hospital was subject to the medical malpractice mediation requirements. Id. at 599-600.
In Wendel, however, the Fourth District concluded that section 766.106 "more narrowly defines those claims subject to presuit screening procedures than did its predecessor statute which was at issue in Walt Disney." Wendel, 726 So. 2d at 380.