Medical Malpractice Cases

Florida State Medical Malpractice Laws And Statutes

Applicants for examination; medical malpractice insurance - 466.0075
Abstract: F.S. 466.0075 466.0075 - Applicants for examination; medical malpractice insurance. - ”The board may require any person applying to take the examination to practice dentistry in this state or the examination to practice dental hygiene in this state to maintain medical malpractice insurance in amounts su

Public notice of medical malpractice rate filings - 627.41495
Abstract: F.S. 627.41495 627.41495 - Public notice of medical malpractice rate filings. - ”(1) - Upon the filing of a proposed rate change by a medical malpractice insurer or self-insurance fund, which filing would result in an average statewide increase of 25 percent or more, pursuant to standards determined by th

Legislative findings and intent - 766.301
Abstract: F.S. 766.301 766.301 - 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 premiums have been greater for such phy

Legislative findings and intent - 766.201
Abstract: F.S. 766.201 766.201 - 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 malpr

Certain provisions not applicable to actions under this part - 400.0235
Abstract: F.S. 400.0235 400.0235 - Certain provisions not applicable to actions under this part. - ”An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the provisions of s. 768.21 (8) do not apply to a claim alleging death of the

Certain provisions not applicable to actions under this part - 429.295
Abstract: F.S. 429.295 429.295 - Certain provisions not applicable to actions under this part. - ”An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s. 768.21 (8) do not apply to a claim alleging death of the resident.H

Litigation notice requirement - 395.0056
Abstract: F.S. 395.0056 395.0056 - Litigation notice requirement. - ”Upon receipt of a copy of a complaint filed against a hospital as a defendant in a medical malpractice action as required by s. 766.106 (2), the agency shall:(1) - Review its adverse incident report files pertaining to the licensed facility that i

Medical malpractice insurers; required offer of coverage limits - 627.4148
Abstract: F.S. 627.4148 627.4148 - Medical malpractice insurers; required offer of coverage limits. - ”An insurer issuing policies of professional liability coverage for claims arising out of the rendering of, or the failure to render, medical care or services shall make available to physicians licensed under cha

Financial responsibility - 458.320
Abstract: F.S. 458.320 458.320 - Financial responsibility. - ”(1) - As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of medicine, an applicant must by one of the following methods demonstr

Financial responsibility - 459.0085
Abstract: F.S. 459.0085 459.0085 - Financial responsibility. - ”(1) - As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of osteopathic medicine, an applicant must by one of the following me

Medical malpractice insurance contracts - 627.4147
Abstract: F.S. 627.4147 627.4147 - Medical malpractice insurance contracts. - ”(1) - In addition to any other requirements imposed by law, each self-insurance policy as authorized under s. 627.357 or s. 624.462 or insurance policy providing coverage for claims arising out of the rendering of, or the failure to rend

Mandatory mediation and mandatory settlement conference in medical negligence actions - 766.108
Abstract: F.S. 766.108 766.108 - 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

Medical malpractice self-insurance - 627.357
Abstract: F.S. 627.357 627.357 - Medical malpractice self-insurance. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Fund -means a group or association of health care providers authorized to self-insure.(b) - - Health care provider -means any:1. - Hospital licensed under chapter 395.2. - Physician licensed, o

Professional liability claims and actions; reports by insurers and health care providers; annual report by office - 627.912
Abstract: F.S. 627.912 627.912 - Professional liability claims and actions; reports by insurers and health care providers; annual report by office. - ”(1)(a) - Each self-insurer authorized under s. 627.357 and each commercial self-insurance fund authorized under s. 624.462 , authorized insurer, surplus lines insure

Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums - 458.3137
Abstract: F.S. 458.3137 458.3137 - Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums. - ”(1) - A physician who has been invited by:(a) - A plastic s

Financial responsibility requirements for certain health care practitioners - 456.048
Abstract: F.S. 456.048 456.048 - Financial responsibility requirements for certain health care practitioners. - ”(1) - As a prerequisite for licensure or license renewal, the Board of Acupuncture, the Board of Chiropractic Medicine, the Board of Podiatric Medicine, and the Board of Dentistry shall, by rule, require

Practitioner profile; creation - 456.041
Abstract: F.S. 456.041 456.041 - Practitioner profile; creation. - ”(1)(a) - The Department of Health shall compile the information submitted pursuant to s. 456.039 into a practitioner profile of the applicant submitting the information, except that the Department of Health shall develop a format to compile uniform

Itemized verdict - 768.77
Abstract: F.S. 768.77 768.77 - Itemized verdict. - ”(1) - Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to t

Grounds for disciplinary action; action by the board and department - 458.331
Abstract: F.S. 458.331 458.331 - Grounds for disciplinary action; action by the board and department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice medicine by bribe

Grounds for disciplinary action; action by the board and department - 459.015
Abstract: F.S. 459.015 459.015 - Grounds for disciplinary action; action by the board and department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice osteopathic medic

Grounds for disciplinary action; action by the board; investigations by department - 461.013
Abstract: F.S. 461.013 461.013 - Grounds for disciplinary action; action by the board; investigations by department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice po

Definitions; ss. 766.201-766.212 - 766.202
Abstract: F.S. 766.202 766.202 - 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

Medical physicists; definitions; licensure - 483.901
Abstract: F.S. 483.901 483.901 - Medical physicists; definitions; licensure. - ”(1) - SHORT TITLE. - ”This section may be cited as the - Florida Medical Physicists Act. - (2) - DECLARATION OF LEGISLATIVE POLICY. - ”The Legislature finds that the practice of medical physics by incompetent persons is a threat to the public heal

Grounds for disciplinary action; action by board or department - 460.413
Abstract: F.S. 460.413 460.413 - Grounds for disciplinary action; action by board or department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice chiropractic medicine

Fictitious groups - 626.973
Abstract: F.S. 626.973 626.973 - Fictitious groups. - ”(1) - No insurer or any person on behalf of any insurer shall make, offer to make, or permit any preference or distinction in property, marine, casualty, or surety insurance as to form of policy, certificate, premium, rate, benefits, or conditions of insurance,

Health care services pools - 400.980
Abstract: F.S. 400.980 400.980 - Health care services pools. - ”(1) - As used in this section, the term:(a) - - Agency -means the Agency for Health Care Administration.(b) - - Health care services pool -means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporar

Comparative fault - 768.81
Abstract: F.S. 768.81 1 768.81 - Comparative fault. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Accident -means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries.(b) - - Economic damages -me

Cardiac Arrest Survival Act; immunity from civil liability - 768.1325
Abstract: F.S. 768.1325 768.1325 - Cardiac Arrest Survival Act; immunity from civil liability. - ”(1) - This section may be cited as the - Cardiac Arrest Survival Act. - (2) - As used in this section:(a) - - Perceived medical emergency -means circumstances in which the behavior of an individual leads a reasonable person to

Limitations other than for the recovery of real property - 95.11
Abstract: F.S. 95.11 95.11 - Limitations other than for the recovery of real property. - ”Actions other than for recovery of real property shall be commenced as follows:(1) - WITHIN TWENTY YEARS. - ”An action on a judgment or decree of a court of record in this state.(2) - WITHIN FIVE YEARS. - ”(a) - An action on a judgment

Medical review committee, immunity from liability - 766.101
Abstract: F.S. 766.101 766.101 - 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 a health maintenance organization certificated

Bad faith actions - 766.1185
Abstract: F.S. 766.1185 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 a

Internal risk management program - 395.0197
Abstract: F.S. 395.0197 395.0197 - Internal risk management program. - ”(1) - Every licensed facility shall, as a part of its administrative functions, establish an internal risk management program that includes all of the following components:(a) - The investigation and analysis of the frequency and causes of genera

When limitations tolled - 95.051
Abstract: F.S. 95.051 95.051 - When limitations tolled. - ”(1) - The running of the time under any statute of limitations except ss. 95.281 , 95.35 , and 95.36 is tolled by:(a) - Absence from the state of the person to be sued.(b) - Use by the person to be sued of a false name that is unknown to the person entitled to

Department of Revenue; control and administration of revenue laws - 213.05
Abstract: F.S. 213.05 213.05 - Department of Revenue; control and administration of revenue laws. - ”The Department of Revenue shall have only those responsibilities for ad valorem taxation specified to the department in chapter 192, taxation, general provisions; chapter 193, assessments; chapter 194, administrat

Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians - 395.0193
Abstract: F.S. 395.0193 395.0193 - Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians. - ”(1) - It is the intent of the Legislature that good faith participants in the process of investigating and disciplining physicians pursuant to the state-mandated peer review process sh

Health care providers; creation of agency relationship with governmental contractors - 766.1115
Abstract: F.S. 766.1115 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

Insurer experience reporting - 627.915
Abstract: F.S. 627.915 627.915 - Insurer experience reporting. - ”(1) - Each insurer transacting private passenger automobile insurance in this state shall report certain information annually to the office. The information will be due on or before July 1 of each year. The information shall be divided into the follo

Internal risk management program - 641.55
Abstract: F.S. 641.55 641.55 - Internal risk management program. - ”(1) - Every organization certified under this part shall, as a part of its administrative functions, establish an internal risk management program which shall include the following components:(a) - The investigation and analysis of the frequency and

Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review - 766.106
Abstract: F.S. 766.106 766.106 - 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 malpracti

Court-ordered mediation - 44.102
Abstract: F.S. 44.102 44.102 - Court-ordered mediation. - ”(1) - Court-ordered mediation shall be conducted according to rules of practice and procedure adopted by the Supreme Court.(2) - A court, under rules adopted by the Supreme Court:(a) - Must, upon request of one party, refer to mediation any filed civil action f

Regional licensure examinations - 466.0065
Abstract: F.S. 466.0065 466.0065 - Regional licensure examinations. - ”(1) - It is the intent of the Legislature that schools of dentistry be allowed to offer regional licensure examinations to dental students who are in the final year of a program at an approved dental school for the sole purpose of facilitating t

Annual filings - 627.0645
Abstract: F.S. 627.0645 627.0645 - Annual filings. - ”(1) - Each rating organization filing rates for, and each insurer writing, any line of property or casualty insurance to which this part applies, except:(a) - Workers - ™ compensation and employer - ™s liability insurance;(b) - Insurance as defined in ss. 624.604 and 624.

Grounds for disciplinary action; action by the board - 466.028
Abstract: F.S. 466.028 466.028 - Grounds for disciplinary action; action by the board. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license under this chapter by bribery, fraudulent mi

Use of telehealth to provide services - 456.47
Abstract: F.S. 456.47 456.47 - Use of telehealth to provide services. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Telehealth -means the use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessmen

Casualty insurance -defined - 624.605
Abstract: F.S. 624.605 624.605 - - Casualty insurance -defined. - ”(1) - - Casualty insurance -includes:(a) - Vehicle insurance. - ”Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or the

Civil enforcement - 400.023
Abstract: F.S. 400.023 400.023 - Civil enforcement. - ”(1) - An exclusive cause of action for negligence or a violation of residents - ™ rights as specified under this part which alleges direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation

Rate standards - 627.062
Abstract: F.S. 627.062 627.062 - Rate standards. - ”(1) - The rates for all classes of insurance to which the provisions of this part are applicable may not be excessive, inadequate, or unfairly discriminatory.(2) - As to all such classes of insurance:(a) - Insurers or rating organizations shall establish and use rates

Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs - 768.28
Abstract: F.S. 768.28 768.28 - Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. - ”(1) - In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or

Grounds for disciplinary action; action by the department - 462.14
Abstract: F.S. 462.14 462.14 - Grounds for disciplinary action; action by the department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice naturopathic medicine by brib

Repeated medical malpractice - 456.50
Abstract: F.S. 456.50 456.50 - Repeated medical malpractice. - ”(1) - For purposes of s. 26, Art. X of the State Constitution and ss. 458.331 (1)(t), (4), and (5) and 459.015 (1)(x), (4), and (5):(a) - - Board -means the Board of Medicine, in the case of a physician licensed pursuant to chapter 458, or the Board of Os

Applicants for examination; medical malpractice insurance - 466.0075
Abstract: F.S. 466.0075 466.0075 - Applicants for examination; medical malpractice insurance. - ”The board may require any person applying to take the examination to practice dentistry in this state or the examination to practice dental hygiene in this state to maintain medical malpractice insurance in amounts su

Public notice of medical malpractice rate filings - 627.41495
Abstract: F.S. 627.41495 627.41495 - Public notice of medical malpractice rate filings. - ”(1) - Upon the filing of a proposed rate change by a medical malpractice insurer or self-insurance fund, which filing would result in an average statewide increase of 25 percent or more, pursuant to standards determined by th

Legislative findings and intent - 766.301
Abstract: F.S. 766.301 766.301 - 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 premiums have been greater for such phy

Legislative findings and intent - 766.201
Abstract: F.S. 766.201 766.201 - 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 malpr

Certain provisions not applicable to actions under this part - 400.0235
Abstract: F.S. 400.0235 400.0235 - Certain provisions not applicable to actions under this part. - ”An action under this part for a violation of rights or negligence recognized under this part is not a claim for medical malpractice, and the provisions of s. 768.21 (8) do not apply to a claim alleging death of the

Certain provisions not applicable to actions under this part - 429.295
Abstract: F.S. 429.295 429.295 - Certain provisions not applicable to actions under this part. - ”An action under this part for a violation of rights or negligence recognized herein is not a claim for medical malpractice, and the provisions of s. 768.21 (8) do not apply to a claim alleging death of the resident.H

Litigation notice requirement - 395.0056
Abstract: F.S. 395.0056 395.0056 - Litigation notice requirement. - ”Upon receipt of a copy of a complaint filed against a hospital as a defendant in a medical malpractice action as required by s. 766.106 (2), the agency shall:(1) - Review its adverse incident report files pertaining to the licensed facility that i

Medical malpractice insurers; required offer of coverage limits - 627.4148
Abstract: F.S. 627.4148 627.4148 - Medical malpractice insurers; required offer of coverage limits. - ”An insurer issuing policies of professional liability coverage for claims arising out of the rendering of, or the failure to render, medical care or services shall make available to physicians licensed under cha

Financial responsibility - 458.320
Abstract: F.S. 458.320 458.320 - Financial responsibility. - ”(1) - As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of medicine, an applicant must by one of the following methods demonstr

Financial responsibility - 459.0085
Abstract: F.S. 459.0085 459.0085 - Financial responsibility. - ”(1) - As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of osteopathic medicine, an applicant must by one of the following me

Medical malpractice insurance contracts - 627.4147
Abstract: F.S. 627.4147 627.4147 - Medical malpractice insurance contracts. - ”(1) - In addition to any other requirements imposed by law, each self-insurance policy as authorized under s. 627.357 or s. 624.462 or insurance policy providing coverage for claims arising out of the rendering of, or the failure to rend

Mandatory mediation and mandatory settlement conference in medical negligence actions - 766.108
Abstract: F.S. 766.108 766.108 - 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

Medical malpractice self-insurance - 627.357
Abstract: F.S. 627.357 627.357 - Medical malpractice self-insurance. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Fund -means a group or association of health care providers authorized to self-insure.(b) - - Health care provider -means any:1. - Hospital licensed under chapter 395.2. - Physician licensed, o

Professional liability claims and actions; reports by insurers and health care providers; annual report by office - 627.912
Abstract: F.S. 627.912 627.912 - Professional liability claims and actions; reports by insurers and health care providers; annual report by office. - ”(1)(a) - Each self-insurer authorized under s. 627.357 and each commercial self-insurance fund authorized under s. 624.462 , authorized insurer, surplus lines insure

Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums - 458.3137
Abstract: F.S. 458.3137 458.3137 - Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums. - ”(1) - A physician who has been invited by:(a) - A plastic s

Financial responsibility requirements for certain health care practitioners - 456.048
Abstract: F.S. 456.048 456.048 - Financial responsibility requirements for certain health care practitioners. - ”(1) - As a prerequisite for licensure or license renewal, the Board of Acupuncture, the Board of Chiropractic Medicine, the Board of Podiatric Medicine, and the Board of Dentistry shall, by rule, require

Practitioner profile; creation - 456.041
Abstract: F.S. 456.041 456.041 - Practitioner profile; creation. - ”(1)(a) - The Department of Health shall compile the information submitted pursuant to s. 456.039 into a practitioner profile of the applicant submitting the information, except that the Department of Health shall develop a format to compile uniform

Itemized verdict - 768.77
Abstract: F.S. 768.77 768.77 - Itemized verdict. - ”(1) - Except as provided in subsection (2), in any action to which this part applies in which the trier of fact determines that liability exists on the part of the defendant, the trier of fact shall, as a part of the verdict, itemize the amounts to be awarded to t

Grounds for disciplinary action; action by the board and department - 458.331
Abstract: F.S. 458.331 458.331 - Grounds for disciplinary action; action by the board and department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice medicine by bribe

Grounds for disciplinary action; action by the board and department - 459.015
Abstract: F.S. 459.015 459.015 - Grounds for disciplinary action; action by the board and department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice osteopathic medic

Grounds for disciplinary action; action by the board; investigations by department - 461.013
Abstract: F.S. 461.013 461.013 - Grounds for disciplinary action; action by the board; investigations by department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice po

Definitions; ss. 766.201-766.212 - 766.202
Abstract: F.S. 766.202 766.202 - 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

Medical physicists; definitions; licensure - 483.901
Abstract: F.S. 483.901 483.901 - Medical physicists; definitions; licensure. - ”(1) - SHORT TITLE. - ”This section may be cited as the - Florida Medical Physicists Act. - (2) - DECLARATION OF LEGISLATIVE POLICY. - ”The Legislature finds that the practice of medical physics by incompetent persons is a threat to the public heal

Grounds for disciplinary action; action by board or department - 460.413
Abstract: F.S. 460.413 460.413 - Grounds for disciplinary action; action by board or department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice chiropractic medicine

Fictitious groups - 626.973
Abstract: F.S. 626.973 626.973 - Fictitious groups. - ”(1) - No insurer or any person on behalf of any insurer shall make, offer to make, or permit any preference or distinction in property, marine, casualty, or surety insurance as to form of policy, certificate, premium, rate, benefits, or conditions of insurance,

Health care services pools - 400.980
Abstract: F.S. 400.980 400.980 - Health care services pools. - ”(1) - As used in this section, the term:(a) - - Agency -means the Agency for Health Care Administration.(b) - - Health care services pool -means any person, firm, corporation, partnership, or association engaged for hire in the business of providing temporar

Comparative fault - 768.81
Abstract: F.S. 768.81 1 768.81 - Comparative fault. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Accident -means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries.(b) - - Economic damages -me

Cardiac Arrest Survival Act; immunity from civil liability - 768.1325
Abstract: F.S. 768.1325 768.1325 - Cardiac Arrest Survival Act; immunity from civil liability. - ”(1) - This section may be cited as the - Cardiac Arrest Survival Act. - (2) - As used in this section:(a) - - Perceived medical emergency -means circumstances in which the behavior of an individual leads a reasonable person to

Limitations other than for the recovery of real property - 95.11
Abstract: F.S. 95.11 95.11 - Limitations other than for the recovery of real property. - ”Actions other than for recovery of real property shall be commenced as follows:(1) - WITHIN TWENTY YEARS. - ”An action on a judgment or decree of a court of record in this state.(2) - WITHIN FIVE YEARS. - ”(a) - An action on a judgment

Medical review committee, immunity from liability - 766.101
Abstract: F.S. 766.101 766.101 - 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 a health maintenance organization certificated

Bad faith actions - 766.1185
Abstract: F.S. 766.1185 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 a

Internal risk management program - 395.0197
Abstract: F.S. 395.0197 395.0197 - Internal risk management program. - ”(1) - Every licensed facility shall, as a part of its administrative functions, establish an internal risk management program that includes all of the following components:(a) - The investigation and analysis of the frequency and causes of genera

When limitations tolled - 95.051
Abstract: F.S. 95.051 95.051 - When limitations tolled. - ”(1) - The running of the time under any statute of limitations except ss. 95.281 , 95.35 , and 95.36 is tolled by:(a) - Absence from the state of the person to be sued.(b) - Use by the person to be sued of a false name that is unknown to the person entitled to

Department of Revenue; control and administration of revenue laws - 213.05
Abstract: F.S. 213.05 213.05 - Department of Revenue; control and administration of revenue laws. - ”The Department of Revenue shall have only those responsibilities for ad valorem taxation specified to the department in chapter 192, taxation, general provisions; chapter 193, assessments; chapter 194, administrat

Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians - 395.0193
Abstract: F.S. 395.0193 395.0193 - Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians. - ”(1) - It is the intent of the Legislature that good faith participants in the process of investigating and disciplining physicians pursuant to the state-mandated peer review process sh

Health care providers; creation of agency relationship with governmental contractors - 766.1115
Abstract: F.S. 766.1115 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

Insurer experience reporting - 627.915
Abstract: F.S. 627.915 627.915 - Insurer experience reporting. - ”(1) - Each insurer transacting private passenger automobile insurance in this state shall report certain information annually to the office. The information will be due on or before July 1 of each year. The information shall be divided into the follo

Internal risk management program - 641.55
Abstract: F.S. 641.55 641.55 - Internal risk management program. - ”(1) - Every organization certified under this part shall, as a part of its administrative functions, establish an internal risk management program which shall include the following components:(a) - The investigation and analysis of the frequency and

Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review - 766.106
Abstract: F.S. 766.106 766.106 - 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 malpracti

Court-ordered mediation - 44.102
Abstract: F.S. 44.102 44.102 - Court-ordered mediation. - ”(1) - Court-ordered mediation shall be conducted according to rules of practice and procedure adopted by the Supreme Court.(2) - A court, under rules adopted by the Supreme Court:(a) - Must, upon request of one party, refer to mediation any filed civil action f

Regional licensure examinations - 466.0065
Abstract: F.S. 466.0065 466.0065 - Regional licensure examinations. - ”(1) - It is the intent of the Legislature that schools of dentistry be allowed to offer regional licensure examinations to dental students who are in the final year of a program at an approved dental school for the sole purpose of facilitating t

Annual filings - 627.0645
Abstract: F.S. 627.0645 627.0645 - Annual filings. - ”(1) - Each rating organization filing rates for, and each insurer writing, any line of property or casualty insurance to which this part applies, except:(a) - Workers - ™ compensation and employer - ™s liability insurance;(b) - Insurance as defined in ss. 624.604 and 624.

Grounds for disciplinary action; action by the board - 466.028
Abstract: F.S. 466.028 466.028 - Grounds for disciplinary action; action by the board. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license under this chapter by bribery, fraudulent mi

Use of telehealth to provide services - 456.47
Abstract: F.S. 456.47 456.47 - Use of telehealth to provide services. - ”(1) - DEFINITIONS. - ”As used in this section, the term:(a) - - Telehealth -means the use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessmen

Casualty insurance -defined - 624.605
Abstract: F.S. 624.605 624.605 - - Casualty insurance -defined. - ”(1) - - Casualty insurance -includes:(a) - Vehicle insurance. - ”Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or the

Civil enforcement - 400.023
Abstract: F.S. 400.023 400.023 - Civil enforcement. - ”(1) - An exclusive cause of action for negligence or a violation of residents - ™ rights as specified under this part which alleges direct or vicarious liability for the personal injury or death of a nursing home resident arising from such negligence or violation

Rate standards - 627.062
Abstract: F.S. 627.062 627.062 - Rate standards. - ”(1) - The rates for all classes of insurance to which the provisions of this part are applicable may not be excessive, inadequate, or unfairly discriminatory.(2) - As to all such classes of insurance:(a) - Insurers or rating organizations shall establish and use rates

Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs - 768.28
Abstract: F.S. 768.28 768.28 - Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs. - ”(1) - In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or

Grounds for disciplinary action; action by the department - 462.14
Abstract: F.S. 462.14 462.14 - Grounds for disciplinary action; action by the department. - ”(1) - The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072 (2):(a) - Attempting to obtain, obtaining, or renewing a license to practice naturopathic medicine by brib

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