section 766.106(1) defines a claim (Florida) · Go Syfert
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section 766.106(1) defines a claim in Florida

6 Florida opinions name it 1 courts 1997–2026 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
The National Deaf Academy, LLC, etc. v. Denise Townes, etc.green
fla · 2018 · cited in 2 Florida opinions naming this issue, 2026–2026
2 sentences

2026Section 766.106(1)(a) defines a claim for medical malpractice as “a claim, arising out of the rendering of, or the failure to render, medical care or services.” As the Florida Supreme Court has held, “for a claim to sound in medical malpractice, the act from which the claim arises must be directly related to medical care or services, which require the use of professional judgment or skill.” Nat’l Deaf Acad., LLC v. Townes, 242 So. 3d 303, 305 (Fla. 2018).

2026Section 766.106(1)(a) defines a claim for medical malpractice as “a claim, arising out of the rendering of, or the failure to render, medical care or services.” As the Florida Supreme Court has held, “for a claim to sound in medical malpractice, the act from which the claim arises must be directly related to medical care or services, which require the use of professional judgment or skill.” Nat’l Deaf Acad., LLC v. Townes, 242 So. 3d 303, 305 (Fla. 2018).

22
Fassy v. Crowleygreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Section 766.202(7) defines “medical negligence” as “medical malpractice, whether grounded in tort or in contract,” and section 766.106(l)(a) defines a claim for medical malpractice as “a claim, arising out of the rendering of, or the failure to render, medical care or services.” Thus, the “key inquiry” in determining if a claim is one for medical malpractice under chapter 766 is “whether the action aris[es] out of any medical, dental, or surgical diagnosis, treatment, or care.” Fassy, 884 So.2d at 364 (alteration in original) (quoting J.B. v. Sacred Heart Hosp. of Pensacola, 635 So.2d 945, 947

11
JB v. Sacred Heart Hosp. of Pensacolagreen
fla · 1994 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Section 766.202(7) defines “medical negligence” as “medical malpractice, whether grounded in tort or in contract,” and section 766.106(l)(a) defines a claim for medical malpractice as “a claim, arising out of the rendering of, or the failure to render, medical care or services.” Thus, the “key inquiry” in determining if a claim is one for medical malpractice under chapter 766 is “whether the action aris[es] out of any medical, dental, or surgical diagnosis, treatment, or care.” Fassy, 884 So.2d at 364 (alteration in original) (quoting J.B. v. Sacred Heart Hosp. of Pensacola, 635 So.2d 945, 947

11
Hospital Corp. of America v. Lindberggreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Corp. of Am. v. Lindberg, 571 So.2d 446, 448 (Fla. 1990). 3 Section 766.106(l)(a) defines a claim for medical negligence or medical malpractice as “a claim, arising out of the rendering of, or the failure to render, medical care or services.” As we explained in Buck v. Columbia Hosp.

11
Stubbs v. Surgi-Staff, Inc.green
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Corp. of South Broward, 147 So.3d 604 (Fla. 4th DCA 2014): A claim for negligence is subject to Chapter 766’s pre-suit requirements “if the wrongful act is directly related to the improper application of medical services and the use of professional judgment or skill.” Stubbs v. Surgi-Staff, Inc., 78 So.3d 69, 70 (Fla. 4th DCA 2012) (“Stubbs II”) (internal quotations and citations omitted) ....

11
Integrated Health Care Serv., Inc. v. Lang-Redwaygreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Integrated Health Care Servs., Inc. v. Lang-Redway, 840 So.2d 974, 980 (Fla.2002).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Steve Buck v. Columbia Hospital Corporation of South Broward green
fladistctapp · 2014
1 sentence

2016Corp. of South Broward, 147 So.3d 604 (Fla. 4th DCA 2014): A claim for negligence is subject to Chapter 766’s pre-suit requirements “if the wrongful act is directly related to the improper application of medical services and the use of professional judgment or skill.” Stubbs v. Surgi-Staff, Inc., 78 So.3d 69, 70 (Fla. 4th DCA 2012) (“Stubbs II”) (internal quotations and citations omitted) ....

12016–2016
Weinstock v. Groth green
fla · 1993
1 sentence

1997In Weinstock , our supreme court determined that psychologists were not included in any of the chapter 766 definitions of "health care provider." See § 766.102; § 768.50(2), Fla.Stat. (1985); [4] § 766.101(1)(b); [5] § 766.105(1)(b). [6] Our supreme court therefore held that the exclusion of psychologists from the various definitions of this term indicated a legislative intent that psychologists not be classified as health care providers. 629 So.2d at 837 .

11997–1997
NME Properties, Inc. v. McCullough green
fladistctapp · 1991
1 sentence

1997To decide this question, our supreme court considered the definition of "health care providers." Although subsection 766.106(1)(a) defines a claim for medical malpractice, section 766.106 does not define a "health care provider." In fact, in NME Properties, Inc. v. McCullough, 590 So.2d 439 , 440 n. 1 (Fla. 2d DCA 1991), the court lamented the difficulty of interpreting chapter 766 because of the lack of comprehensive definitions.

11997–1997

Statutes the citing opinions construe

FL § 766.106 (6) FL § 766.102 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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