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Walker v. Virginia Insurance Reciprocal3/20/2003
rements are not applicable where the liability of the joint tortfeasor has already been determined. See Baptist Hosp. of Miami, Inc. v. Abaunza, 563 So. 2d 174 (Fla. 3d DCA 1990). As explained by the Third District in Baptist Hospital, these "statutory procedures are intended to be applied preliminary to a determination of liability. Where there has been a determination of liability on the professional negligence claim, an action for contribution is not properly deemed to be within the statutory definitions of sections 766.104 and 766.106." Id. at 175 (citation omitted); accord Virginia Ins. Reciprocal, 765 So. 2d at 235.
For the reasons expressed above, we hold that the time for filing a suit for contribution based on a claim of medical malpractice may be tolled by compliance with the medical malpractice statutory presuit screening requirements in chapter 766. Accordingly, we approve the decision in Virginia Insurance Reciprocal and disapprove the decision in Wendel.
It is so ordered.
ANSTEAD, C.J., WELLS, PARIENTE and LEWIS, JJ., and SHAW and HARDING, Senior Justices, concur.
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