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 […]
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 […]
766.102 – Medical Negligence; Standards of Recovery; Expert Witness.
766.102 Medical negligence; standards of recovery; expert witness.— (1) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202(4), the claimant shall have the burden of […]
766.202 – Definitions; Ss. 766.201-766.212.
766.202 Definitions; ss. 766.201-766.212.—As used in ss. 766.201-766.212, the term: (1) “Claimant” means any person who has a cause of action for damages based on personal injury or wrongful death arising from medical negligence. (2) “Collateral sources” means any payments made to the claimant, or made on his or her behalf, by or pursuant to: (a) The United States […]