Florida Statutes Title XLV Chapter 766 - Medical Malpractice And Related Matters

• 766.101 - Medical Review Committee, Immunity From Liability.
  (1) As used in this section:(a) The term “medical review committee” or “committee” means:1.a. A committee of a hospital or ambulatory surgical center licensed under chapter 395 or...
• 766.1015 - Civil Immunity For Members Of Or Consultants To Certain Boards, Committees, Or Other Entities.
  (1) Each member of, or health care professional consultant to, any committee, board, group, commission, or other entity shall be immune from civil liability for any...
• 766.1016 - Patient Safety Data Privilege.
  (1) As used in this section, the term:(a) “Patient safety data” means reports made to patient safety organizations, including all health care data, interviews, memoranda, analyses, root...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 766.107 - Court-ordered Arbitration.
  (1) In an action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 766.207 - Voluntary Binding Arbitration Of Medical Negligence Claims.
  (1) Voluntary binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving the state or its agencies or subdivisions,...
• 766.208 - Arbitration To Allocate Responsibility Among Multiple Defendants.
  (1) The provisions of this section shall apply when more than one defendant has participated in voluntary binding arbitration pursuant to s. 766.207.(2) Within 20 days after...
• 766.209 - Effects Of Failure To Offer Or Accept Voluntary Binding Arbitration.
  (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.(2) If...
• 766.21 - Misarbitration.
  (1) At any time during the course of voluntary binding arbitration of a medical negligence claim pursuant to s. 766.207, the administrative law judge serving as...
• 766.211 - Payment Of Arbitration Award; Interest.
  (1) Within 20 days after the determination of damages by the arbitration panel pursuant to s. 766.207, the defendant shall:(a) Pay the arbitration award, including interest at...
• 766.212 - Appeal Of Arbitration Awards And Allocations Of Financial Responsibility.
  (1) An arbitration award and an allocation of financial responsibility are final agency action for purposes of s. 120.68. Any appeal shall be taken to the...
• 766.301 - Legislative Findings And Intent.
  (1) The Legislature makes the following findings:(a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such...
• 766.302 - Definitions; Ss. 766.301-766.316.
  As used in ss. 766.301-766.316, the term:(1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association established in s. 766.315 to administer the Florida Birth-Related Neurological...
• 766.303 - Florida Birth-related Neurological Injury Compensation Plan; Exclusiveness Of Remedy.
  (1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injury claims. Such...
• 766.304 - Administrative Law Judge To Determine Claims.
  The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and authority granted to...
• 766.305 - Filing Of Claims And Responses; Medical Disciplinary Review.
  (1) All claims filed for compensation under the plan shall commence by the claimant filing with the division a petition seeking compensation. Such petition shall include...
• 766.306 - Tolling Of Statute Of Limitations.
  The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out...
• 766.307 - Hearing; Parties; Discovery.
  (1) The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the filing...
• 766.309 - Determination Of Claims; Presumption; Findings Of Administrative Law Judge Binding On Participants.
  (1) The administrative law judge shall make the following determinations based upon all available evidence:(a) Whether the injury claimed is a birth-related neurological injury. If the claimant...
• 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...
• 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...
• 766.312 - Enforcement Of Awards.
  (1) The administrative law judge shall have full authority to enforce her or his awards and to protect herself or himself from any deception or lack...
• 766.313 - Limitation On Claim.
  Any claim for compensation under ss. 766.301-766.316 that is filed more than 5 years after the birth of an infant alleged to have a birth-related...
• 766.314 - Assessments; Plan Of Operation.
  (1) The assessments established pursuant to this section shall be used to finance the Florida Birth-Related Neurological Injury Compensation Plan.(2) The assessments and appropriations dedicated to the...
• 766.315 - Florida Birth-related Neurological Injury Compensation Association; Board Of Directors.
  (1)(a) The Florida Birth-Related Neurological Injury Compensation Plan shall be governed by a board of five directors which shall be known as the Florida Birth-Related Neurological...
• 766.316 - Notice To Obstetrical Patients Of Participation In The Plan.
  Each hospital with a participating physician on its staff and each participating physician, other than residents, assistant residents, and interns deemed to be participating physicians...

Last modified: September 23, 2016