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 […]
766.103 – Florida Medical Consent Law.
766.103 Florida Medical Consent Law.— (1) This section shall be known and cited as the “Florida Medical Consent Law.” (2) In any medical treatment activity not covered by s. 768.13, entitled the “Good Samaritan Act,” this act shall govern. (3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic […]
766.2021 – Limitation on Damages Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, or Prepaid Health Clinics.
766.2021 Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics.—An entity licensed or certified under chapter 624, chapter 636, or chapter 641 shall not be liable for the medical negligence of a health care provider with whom the licensed or certified entity has entered into a contract in […]
766.104 – Medical Negligence Cases; Reasonable Investigation Required Before Filing.
766.104 Medical negligence cases; reasonable investigation required before filing.— (1) No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the attorney filing the action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good […]
766.203 – Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.
766.203 Presuit investigation of medical negligence claims and defenses by prospective parties.— (1) APPLICATION OF PRESUIT INVESTIGATION.—Presuit investigation of medical negligence claims and defenses pursuant to this section and ss. 766.204-766.206 shall apply to all medical negligence claims and defenses. This shall include: (a) Rights of action under s. 768.19 and defenses thereto. (b) Rights of action involving the […]
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. […]