603 So. 2d 1371 - Boyd v. Becker’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(2) After completion of presuit investigation pursuant to s. 766.203 and prior to filing a claim for medical malpractice, a claimant shall notify each prospective defendant and, if any prospective defendant is a health care provider licensed under chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466, the Department of Professional Regulation by certified mail, return receipt requested, of intent to initiate litigation for medical malpractice... . (3)(a) No suit may be filed for a period of 90 days after notice is mailed to any prospective defendant. During the 90-day period, the prospective defendant's insurer or self-insurer shall conduct a review to determine the liability of the defendant. Each insurer or self-insurer shall have a procedure for the prompt investigation, review, and evaluation of claims during the 90-day period... . ... . (c) ... Failure of the prospective defendant or insurer or self-insurer to reply to the notice within 90 days after receipt shall be deemed a final rejection of the claim for purposes of this section. ... . (4) The notice of intent to initiate litigation shall be served within the time limits set forth in s. 95.11. However, during the 90-day period, the statute of limitations is tolled as to all potential defendants. Upon stipulation by the parties, the 90-day period may be extended and the statute of limitations is tolled during any such extension. Upon receiving notice of termination of negotiations in an extended period, t”

   1 later decision quote this exact passage
   e.g. 627 So. 2d 481 - Boyd v. Becker

2. “Under these provisions [section 766.106(3)(a) and rule 1.650(d)(2), (3)(A)] the ninety day tolling of the limitations period occurs from the date the notice of intent was mailed.”

   1 later decision quote this exact passage
   e.g. Zacker v. Croft

3. “[T]he ninety-day period within which the response to a notice of claim is to be made under section 766.106 begins on the day after a notice of claim is received.”

   1 later decision quote this exact passage
   e.g. Zacker v. Croft