766.208 – Arbitration to Allocate Responsibility Among Multiple Defendants.
766.208 Arbitration to allocate responsibility among multiple defendants.— (1) The provisions of this section shall apply when more than one defendant has participated in voluntary binding arbitration pursuant to s. 766.207. (2) Within 20 days after the determination of damages by the arbitration panel in the first arbitration proceeding, those defendants who have agreed to voluntary binding arbitration […]
766.313 – Limitation on Claim.
766.313 Limitation on claim.—Any claim for compensation under ss. 766.301-766.316 that is filed more than 5 years after the birth of an infant alleged to have a birth-related neurological injury shall be barred. History.—s. 72, ch. 88-1; s. 38, ch. 88-277; s. 1, ch. 93-251.
766.209 – Effects of Failure to Offer or Accept Voluntary Binding Arbitration.
766.209 Effects of failure to offer or accept voluntary binding arbitration.— (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial. (2) If neither party requests or agrees to voluntary binding arbitration, the claim shall proceed to trial or to any available […]
766.21 – Misarbitration.
766.21 Misarbitration.— (1) At any time during the course of voluntary binding arbitration of a medical negligence claim pursuant to s. 766.207, the administrative law judge serving as chief arbitrator on the arbitration panel, if he or she determines that agreement cannot be reached, shall be authorized to dissolve the arbitration panel and request the director of […]
766.1116 – Health Care Practitioner; Waiver of License Renewal Fees and Continuing Education Requirements.
766.1116 Health care practitioner; waiver of license renewal fees and continuing education requirements.— (1) As used in this section, the term “health care practitioner” means a physician or physician assistant licensed under chapter 458; an osteopathic physician or physician assistant licensed under chapter 459; a chiropractic physician licensed under chapter 460; a podiatric physician licensed under chapter […]
766.112 – Comparative Fault.
766.112 Comparative fault.— (1) Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment […]
766.113 – Settlement Agreements; Prohibition on Restricting Disclosure to Division of Medical Quality Assurance.
766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance.— (1) Each final settlement agreement relating to medical negligence shall include the following statement: “The decision to settle a case may reflect the economic practicalities pertaining to the cost of litigation and is not, alone, an admission that the insured failed to meet the […]
766.118 – Determination of Noneconomic Damages.
766.118 Determination of noneconomic damages.— (1) DEFINITIONS.—As used in this section, the term: (a) “Catastrophic injury” means a permanent impairment constituted by: 1. Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; 2. Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; 3. Severe brain […]
766.1185 – Bad Faith Actions.
766.1185 Bad faith actions.—In all actions for bad faith against a medical malpractice insurer relating to professional liability insurance coverage for medical negligence, and in determining whether the insurer could and should have settled the claim within the policy limits had it acted fairly and honestly towards its insured with due regard for her or his […]
766.201 – Legislative Findings and Intent.
766.201 Legislative findings and intent.— (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians. (b) The primary cause of increased medical malpractice liability insurance premiums has been the substantial increase in […]