766.205 – Presuit Discovery of Medical Negligence Claims and Defenses.
766.205 Presuit discovery of medical negligence claims and defenses.— (1) Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 766.106, corroborated by medical expert opinion that there exist reasonable grounds for a claim of negligent injury, each […]
766.31 – Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.
766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.— (1) Upon determining that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth, the administrative law judge shall make an award providing compensation for the following items relative to such injury: (a) Actual expenses […]
766.206 – Presuit Investigation of Medical Negligence Claims and Defenses by Court.
766.206 Presuit investigation of medical negligence claims and defenses by court.— (1) After the completion of presuit investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any party may file a motion in the circuit court requesting the court to determine whether the opposing party’s claim or denial rests on a […]
766.311 – Conclusiveness of Determination or Award; Appeal.
766.311 Conclusiveness of determination or award; appeal.— (1) A determination of the administrative law judge as to qualification of the claim for purposes of compensability under s. 766.309 or an award by the administrative law judge pursuant to s. 766.31 shall be conclusive and binding as to all questions of fact. Review of an order of an […]
766.108 – Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.
766.108 Mandatory mediation and mandatory settlement conference in medical negligence actions.— (1) Within 120 days after the suit is filed, unless such period is extended by mutual agreement of all parties, all parties shall attend in-person mandatory mediation in accordance with s. 44.102 if binding arbitration under s. 766.207 has not been agreed to by the parties. […]
766.110 – Liability of Health Care Facilities.
766.110 Liability of health care facilities.— (1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review, and are liable for a failure to exercise due care in fulfilling these […]
766.111 – Engaging in Unnecessary Diagnostic Testing; Penalties.
766.111 Engaging in unnecessary diagnostic testing; penalties.— (1) No health care provider licensed pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 shall order, procure, provide, or administer unnecessary diagnostic tests, which are not reasonably calculated to assist the health care provider in arriving at a diagnosis and treatment of a patient’s condition. […]
766.1115 – Health Care Providers; Creation of Agency Relationship With Governmental Contractors.
766.1115 Health care providers; creation of agency relationship with governmental contractors.— (1) SHORT TITLE.—This section may be cited as the “Access to Health Care Act.” (2) FINDINGS AND INTENT.—The Legislature finds that a significant proportion of the residents of this state who are uninsured or Medicaid recipients are unable to access needed health care because health care providers […]
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 […]