766.105 – Florida Patient’s Compensation Fund.
766.105 Florida Patient’s Compensation Fund.— (1) DEFINITIONS.—The following definitions apply in the interpretation and enforcement of this section: (a) The term “fund” means the Florida Patient’s Compensation Fund. The fund is not a state agency, board, or commission. However, for the purposes of s. 199.183(1) only, the fund shall be considered a political subdivision of this state. (b) The […]
766.204 – Availability of Medical Records for Presuit Investigation of Medical Negligence Claims and Defenses; Penalty.
766.204 Availability of medical records for presuit investigation of medical negligence claims and defenses; penalty.— (1) Copies of any medical record relevant to any litigation of a medical negligence claim or defense shall be provided to a claimant or a defendant, or to the attorney thereof, at a reasonable charge within 10 business days of a request […]
766.106 – Notice Before Filing Action for Medical Negligence; Presuit Screening Period; Offers for Admission of Liability and for Arbitration; Informal Discovery; Review.
766.106 Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.— (1) DEFINITIONS.—As used in this section, the term: (a) “Claim for medical negligence” or “claim for medical malpractice” means a claim, arising out of the rendering of, or the failure to render, medical care or services. […]
766.1065 – Authorization for Release of Protected Health Information.
766.1065 Authorization for release of protected health information.— (1) Presuit notice of intent to initiate litigation for medical negligence under s. 766.106(2) must be accompanied by an authorization for release of protected health information in the form specified by this section, authorizing the disclosure of protected health information that is potentially relevant to the claim of personal […]
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 […]