Florida Statute 456.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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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 Osteopathic Medicine, in the case of an osteopathic physician licensed pursuant to chapter 459.

(b) “Final administrative agency decision” means a final order of the licensing board following a hearing as provided in s. 120.57(1) or (2) or s. 120.574 finding that the licensee has violated s. 458.331(1)(t) or s. 459.015(1)(x).

(c) “Found to have committed” means the malpractice has been found in a final judgment of a court of law, final administrative agency decision, or decision of binding arbitration.

(d) “Incident” means the wrongful act or occurrence from which the medical malpractice arises, regardless of the number of claimants or findings. For purposes of this section:

1. A single act of medical malpractice, regardless of the number of claimants, shall count as only one incident.

2. Multiple findings of medical malpractice arising from the same wrongful act or series of wrongful acts associated with the treatment of the same patient shall count as only one incident.

(e) “Level of care, skill, and treatment recognized in general law related to health care licensure” means the standard of care specified in s. 766.102.

(f) “Medical doctor” means a physician licensed pursuant to chapter 458 or chapter 459.

(g) “Medical malpractice” means the failure to practice medicine in accordance with the level of care, skill, and treatment recognized in general law related to health care licensure. Only for the purpose of finding repeated medical malpractice pursuant to this section, any similar wrongful act, neglect, or default committed in another state or country which, if committed in this state, would have been considered medical malpractice as defined in this paragraph, shall be considered medical malpractice if the standard of care and burden of proof applied in the other state or country equaled or exceeded that used in this state.

(h) “Repeated medical malpractice” means three or more incidents of medical malpractice found to have been committed by a medical doctor. Only an incident occurring on or after November 2, 2004, shall be considered an incident for purposes of finding repeated medical malpractice under this section.

(2) For purposes of implementing s. 26, Art. X of the State Constitution, the board shall not license or continue to license a medical doctor found to have committed repeated medical malpractice, the finding of which was based upon clear and convincing evidence. In order to rely on an incident of medical malpractice to determine whether a license must be denied or revoked under this section, if the facts supporting the finding of the incident of medical malpractice were determined on a standard less stringent than clear and convincing evidence, the board shall review the record of the case and determine whether the finding would be supported under a standard of clear and convincing evidence. Section 456.073 applies. The board may verify on a biennial basis an out-of-state licensee’s medical malpractice history using federal, state, or other databases. The board may require licensees and applicants for licensure to provide a copy of the record of the trial of any medical malpractice judgment, which may be required to be in an electronic format, involving an incident that occurred on or after November 2, 2004. For purposes of implementing s. 26, Art. X of the State Constitution, the 90-day requirement for granting or denying a complete allopathic or osteopathic licensure application in s. 120.60(1) is extended to 180 days.

History.—s. 2, ch. 2005-266.

F.S. 456.50 on Google Scholar

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Amendments to 456.50

Arrestable Offenses / Crimes under Fla. Stat. 456.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.50.

Annotations, Discussions, Cases:

Cases Citing Statute 456.50

Total Results: 6

Safirstein v. Dept. of Health

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 271 So. 3d 1178

Snippet: committing medical malpractice as defined in section 456.50, Fla. Stat.); section 458.331(1)(q), Fla. Stat

Davis Family Day Care Home v. Department of Children & Family Services

Court: District Court of Appeal of Florida | Date Filed: 2013-07-17

Citation: 117 So. 3d 464, 2013 WL 3724769, 2013 Fla. App. LEXIS 11248

Snippet: proceedings are governed by chapter 120. See, e.g., §§ 456.50(2); 459.015(3), Fla. Stat. (2010). Unfortunately

Varum v. State

Court: Supreme Court of Florida | Date Filed: 1939-04-28

Citation: 137 Fla. 438, 188 So. 346, 1939 Fla. LEXIS 1851

Snippet: School Board of Escambia County for the sum of $456.50, vis'' “Coast Hardware Co. 216 South Palafox St

Varnum v. State

Court: Supreme Court of Florida | Date Filed: 1939-04-28

Citation: 188 So. 346, 137 Fla. 438

Snippet: School Board of Escambia County for the sum of $456.50, viz.: "COAST HARDWARE

Auburn Automobile Co. v. Namor Corp.

Court: Supreme Court of Florida | Date Filed: 1933-09-22

Citation: 149 So. 801, 112 Fla. 89, 1933 Fla. LEXIS 2174

Snippet: claim in the court below. There was one note for $2,456.50 dated April 17, 1930; one note for $2,459.50 dated

Hall v. Seaboard Air Line Railway Co.

Court: Supreme Court of Florida | Date Filed: 1921-08-15

Citation: 84 Fla. 9, 93 So. 151

Snippet: App. 300, 99 N. E. Rep. 672. See 30 South. Rep. 456; 50 South. Rep. 55. *16Where a railroad company has