Chapter 766 — Chapter 766
47 sections in this chapter.
Fla. Stat. § 766.101 Medical review committee, immunity from liability
25.1K chars
(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 a health maintenance organization certificated under part I of chapter 641;b. A committee of a physi…
Fla. Stat. § 766.1015 Civil immunity for members of or consultants to certain boards, committees, or other entities
3.6K chars
(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 act, decision, omission, or utterance done or made in performance of his or her duties while serving as a member of…
Fla. Stat. § 766.1016 Patient safety data privilege
5.6K chars
(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 cause analyses, products of quality assurance or quality improvement processes, corrective act…
Fla. Stat. § 766.102 Medical negligence; standards of recovery; expert witness
19.6K chars
(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 proving by the …
Fla. Stat. § 766.103 Florida Medical Consent Law
5.3K chars
(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 physicia…
Fla. Stat. § 766.104 Medical negligence cases; reasonable investigation required before filing
5.6K chars
(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 fo…
Fla. Stat. § 766.106 Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review
29.5K chars
(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.(b) “Self-insurer” means any self-insurer authorized under s…
Fla. Stat. § 766.1065 Authorization for release of protected health information
12.2K chars
(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 tha…
Fla. Stat. § 766.108 Mandatory mediation and mandatory settlement conference in medical negligence actions
1.6K chars
(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. The F…
Fla. Stat. § 766.110 Liability of health care facilities
7.3K chars
(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 f…
Fla. Stat. § 766.111 Engaging in unnecessary diagnostic testing; penalties
1.3K chars
(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 d…
Fla. Stat. § 766.1115 Health care providers; creation of agency relationship with governmental contractors
26.2K chars
(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 healt…
Fla. Stat. § 766.1116 Health care practitioner; waiver of license renewal fees and continuing education requirements
3.3K chars
(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 physi…
Fla. Stat. § 766.112 Comparative fault
2.2K chars
(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 de…
Fla. Stat. § 766.113 Settlement agreements; prohibition on restricting disclosure to Division of Medical Quality Assurance
1.5K chars
(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 th…
Fla. Stat. § 766.118 Determination of noneconomic damages
21.2K chars
(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 …
Fla. Stat. § 766.1185 Bad faith actions
8.1K chars
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 honestl…
Fla. Stat. § 766.201 Legislative findings and intent
4.9K chars
(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 physician…
Fla. Stat. § 766.202 Definitions; ss. 766.201-766.212
9.1K chars
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…
Fla. Stat. § 766.2021 Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics
0.6K chars
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 any amount greater than the amount of damages that may…
Fla. Stat. § 766.203 Presuit investigation of medical negligence claims and defenses by prospective parties
5.1K chars
(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 defens…
Fla. Stat. § 766.204 Availability of medical records for presuit investigation of medical negligence claims and defenses; penalty
1.9K chars
(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 for copies, except that an independent spec…
Fla. Stat. § 766.205 Presuit discovery of medical negligence claims and defenses
3.4K chars
(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 in accordance with s. 766.106, corroborated by medical expert opinion that there exist reasonable grounds for a cl…
Fla. Stat. § 766.206 Presuit investigation of medical negligence claims and defenses by court
6.8K chars
(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 motion in the circuit court requesting the court to determine whether the opposing party’s claim or denial rests on a reasonable …
Fla. Stat. § 766.207 Voluntary binding arbitration of medical negligence claims
13.3K chars
(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, or the officers, employees, or agents thereof, pursuant to s. 768.28.(2) Upon the completion of presuit inve…
Fla. Stat. § 766.208 Arbitration to allocate responsibility among multiple defendants
5.7K chars
(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 the determination of damages by the arbitration panel in the first arbitration proceeding, those defendant…
Fla. Stat. § 766.209 Effects of failure to offer or accept voluntary binding arbitration
3.9K chars
(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 neither party requests or agrees to voluntary binding arbitration, the claim shall proceed to trial or to any available legal a…
Fla. Stat. § 766.21 Misarbitration
2.2K chars
(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 chief arbitrator on the arbitration panel, if he or she determines that agreement cannot be reached, shall be authorize…
Fla. Stat. § 766.211 Payment of arbitration award; interest
1.0K chars
(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 the legal rate, to the claimant; or(b) Submit any dispute among multiple defendants to arbitration pursu…
Fla. Stat. § 766.212 Appeal of arbitration awards and allocations of financial responsibility
3.7K chars
(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 district court of appeal for the district in which the arbitration took place, shall be limited to review of the record, and …
Fla. Stat. § 766.301 Legislative findings and intent
2.6K chars
(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 premiums have been greater for such physicians than for other physicians.(…
Fla. Stat. § 766.302 Definitions; ss. 766.301-766.316
7.3K chars
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 Injury Compensation Plan and the plan of operation established in…
Fla. Stat. § 766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy
3.3K chars
(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 plan shall apply to births occurring on or after January 1, 1989, and shal…
Fla. Stat. § 766.304 Administrative law judge to determine claims
1.6K chars
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 her or him in chapter 120, as necessary, to carry out the purposes of such sections. The administrative law judge has …
Fla. Stat. § 766.305 Filing of claims and responses; medical disciplinary review
7.8K chars
(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 the following information:(a) The name and address of the legal representative and the basis for her or his re…
Fla. Stat. § 766.306 Tolling of statute of limitations
0.4K chars
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 of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316, and…
Fla. Stat. § 766.307 Hearing; parties; discovery
2.2K chars
(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 by a claimant of a petition in compliance with s. 766.305. The administrative law judge shall immediately notify the parties of the time and place …
Fla. Stat. § 766.309 Determination of claims; presumption; findings of administrative law judge binding on participants
4.7K chars
(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 has demonstrated, to the satisfaction of the administrative law judge, that the infant…
Fla. Stat. § 766.31 Administrative law judge awards for birth-related neurological injuries; notice of award
11.6K chars
(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 administrative law judge shall make an award providing compensation for the following items relative t…
Fla. Stat. § 766.311 Conclusiveness of determination or award; appeal
1.5K chars
(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 administrative law judge pursuant to s. 766.31 shall be conclusive and binding as to all questions of fact. Review of an order o…
Fla. Stat. § 766.312 Enforcement of awards
0.9K chars
(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 of cooperation in reaching her or his determination as to any award. Such authority shall include the power to petition the circuit…
Fla. Stat. § 766.313 Limitation on claim
0.2K chars
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 neurological injury shall be barred.
Fla. Stat. § 766.314 Assessments; plan of operation
37.9K chars
(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 plan shall be administered by the Florida Birth-Related Neurological Injury Co…
Fla. Stat. § 766.3145 Code of ethics
5.1K chars
(1) On or before July 1 of each year, employees of the association must sign and submit a statement attesting that they do not have a conflict of interest as defined in part III of chapter 112. As a condition of employment, all prospective employees must sign and submit to the as…
Fla. Stat. § 766.315 Florida Birth-Related Neurological Injury Compensation Association; board of directors; notice of meetings; report
20.3K chars
(1)(a) The Florida Birth-Related Neurological Injury Compensation Plan shall be governed by a board of seven directors which shall be known as the Florida Birth-Related Neurological Injury Compensation Association. The association is not a state agency, board, or commission. Notw…
Fla. Stat. § 766.316 Notice to obstetrical patients of participation in the plan
1.0K chars
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 under s. 766.314(4)(c), under the Florida Birth-Related Neurological Injury Compensation Plan s…
Fla. Stat. § 766.318 Civil liability for provision of sex-reassignment prescriptions or procedures to minors
1.9K chars
(1) A cause of action exists to recover damages for personal injury or death resulting from the provision of sex-reassignment prescriptions or procedures, as defined in s. 456.001, to a person younger than 18 years of age which are prohibited by s. 456.52(1).(2) The limitations o…