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 […]
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 […]