The State of Florida has a series of different malpractice statutes that cover every aspect of medical malpractice from basic general guidelines to arbitration requirements and everything in between. Listed here are statutes relevant to malpractice claims, subdivided into different categories. It should be noted that there may be other statutes and case laws applicable to cases in certain circumstances.
General Malpractice Laws
These malpractice statutes make up the core of the state’s malpractice laws which manage what a patient can and should expect from doctors, nurses and other medical professionals who provide them with care. Below is a listing of each of these statutes:
- 766.102 Standard of care defined
- 766.103 Informed Consent Law
- 766.104 Pleading requirements for Malpractice Cases
- 766.110 Liability of facilities
- 768.28 Sovereign Immunity
- 766.112 Comparative fault
Rules for Pursuit Screening
These statutes specifically detail the manner in which attorneys are required to look over potential cases they may be taking on. The laws in this section cover what an attorney should look at in a case, as well as why they are allowed to take or reject a case.
- 766.106 Requirement for presuit notice and presuit screening; offers for admission of liability and for arbitration; informal discovery; review.
- 766.201 Legislative findings and intent to justify presuit screening.
- 766.202 Definitions for presuit screening rules.
- 766.203 Pre-suit investigation of medical negligence claims and defenses by prospective parties.
- 766.204 Availability of medical records for pre-suit investigation of medical negligence claims and defenses; penalty.
- 766.205 Pre-suit discovery of medical negligence claims and defenses.
- 766.206 Pre-suit investigation of medical negligence claims and defenses by court.
Presuit Arbitration Requirements
An attorney can choose to arbitrate a case as an alternative to a traditional malpractice suit in order to get the best possible result for their clients. There are multiple statutes that oversee this process, as listed below.
- 766.207 Voluntary binding arbitration of medical negligence claims.
- 766.208 Arbitration to allocate responsibility among multiple defendants.
- 766.209 Effects of failure to offer or accept voluntary binding arbitration.
- 766.21 – Misarbitration
- 766.211 Payment of arbitration award; interest.
- 766.212 Appeal of arbitration awards and allocations of financial responsibility.
Additional Applicable Malpractice Statutes
While the statutes mentioned above primarily cover medical malpractice, there are other laws that may be applicable to a case even if they were not written to specifically deal with them. An attorney handling a malpractice case will decide which laws are applicable to a specific case, if any.
- 95.11(4) Statute of Limitation for Malpractice
- 768.13 Good Samaritan Act
- 768.73 Punitive damages
- 768.76 Collateral sources
- 768.116 Florida Wrongful Death Act
- 400.022 Nursing Home Residents’ Rights
- 458.320 Financial Responsibility
- 415.1115 Speedy trials
Working with a Malpractice Attorney
Even though the majority of healthcare providers do their best to keep their patients’ best interest in mind, even the best doctor or medical professional can make a mistake. When this happens and patients suffer harm, they have the right to seek compensation through the legal system. The best way to accomplish this is by working with an attorney specializing in medical malpractice cases who will take a detailed look at the unique circumstances of your case and come up with a successful strategy for getting you the compensation you are entitled to.
If you are seeking an attorney to handle a malpractice case, look no further than Di Pietro Partners PLLC. Our firm has decades of combined experience successfully fighting for clients in malpractice suits, with a well earned reputation for getting clients just compensation. If you are a victim of medical malpractice, please contact our office today to speak with one of our legal professionals.