The 2023 Florida Statutes (including Special Session C)
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. . . There is, however, no civil liability underF.S. 458.320(2)(b) to ensure that staff physicians are financially . . .
. . . Stat. 458.320 when he chose to discontinue his medical malpractice insurance was an intentional effort . . . Section 458.320(l)(c), Fla. Stat., requires disclosure by the physician to the patient. . . .
. . . . § 458.320 did not create a duty on the part of either PAC or Evanston to give notice to the Department . . .
. . . There is, however, no civil liability under F.S. 458.320(2)(b) to ensure that staff physicians are financially . . .
. . . . § 458.320(3)(b) (permitting a judge offering treatment to defer sentencing); id. § 458.330(1) (same . . .
. . . Plantation General Hospital Limited Partnership, 959 So.2d 176 (Fla.2007) (holding that section 458.320 . . .
. . . . § 458.320(1). . . . . Florida statute § 458.320(1) states in relevant part: "[a]s a condition of licensing and maintaining . . .
. . . The issue is whether section 458.320, Florida Statutes (2006), which outlines the financial responsibility . . . So.2d 130 (Fla. 3d DCA 2003), all of which recognized a statutory cause of action based on section 458.320 . . . In Robert, one of the conflict cases, the Fifth District determined- that section 458.320(2) mandates . . . Although the Fifth District in Robert recognized a statutory duty under section 458.320(2), the court . . . See § 458.320(1), Fla. Stat. (2006). . . .
. . . the judgment entered against its staff physician where the physician elected to opt out under section 458.320 . . . Miller, 896 So.2d 886, 890 (Fla. 3d DCA 2005), where this Court stated that section 458.320(5)(g), Florida . . .
. . . unsatisfied medical malpractice judgment against an uninsured physician, sought recovery under section 458.320 . . . Section 458.320 in part requires licensed physicians to establish financial responsibility to satisfy . . .
. . . Debtor”) based on his failure to comply with Florida’s Financial Responsibility Act, Florida Statutes § 458.320 . . . Stat. § 458.320(1). . . . Stat. § 458.320(1). . . . Stat. § 458.320(2). . . . satisfy the § 458.320 regulatory requirements. . . .
. . . Debtor”) based on his failure to comply with Florida’s Financial Responsibility Act, Florida Statutes § 458.320 . . . Stat. § 458.320(1). . . . Stat. § 458.320(1). . . . Stat. § 458.320(2). . . . satisfy the § 458.320 regulatory requirements. . . .
. . . . § 458.320 and Art. 10, § 26 Fla. Const.; and/or (2) Dr. . . . Stat. 458.320(1) (“Florida Medical Financial Responsibility Law”) which provides: As a condition of licensing . . . Stat. § 458.320(5)(g) provides that a physician with hospital privileges need not obtain the escrow account . . . Stat. § 458.320(5)(g), was his agreement to make payment on any medical malpractice judgment up to $250,000 . . .
. . . This is an appeal of a summary judgment granted Josie Miller under section 458.320 of the Florida Statutes . . . Miller then made a demand on Parkway to pay $250,000 of the outstanding judgment under section 458.320 . . . Miller asserted that section 458.320 of the Florida Statutes required the hospital to tender the first . . . Section 458.320(2)(b) allows staff privileges to be conditioned upon either a showing of professional . . . See § 458.320(5)(g), Fla. . . .
. . . to supervise its physician’s compliance with the financial responsibility obligations under section 458.320 . . . Three courts have justified finding a private right of damages actions against hospitals in section 458.320 . . . The essential aim of section 458.320 is to have physicians furnish a form of financial security to satisfy . . . The Legislature has implied no damages remedy of any kind under section 458.320, whether it be based . . . See § 458.320(2), Fla. . . .
. . . against Mercy Hospital alleging strict liability under Florida’s financial responsibility law, Section 458.320 . . . Section 458.320(2) requires physicians to comply with one of three financial responsibility options in . . . See § 458.320(2), Fla. Stat. (2002). . . . Alternatively, a physician is exempt from the requirements of Section 458.320(2) if he or she agrees . . . See § 458.320(5)(g), Fla. Stat. (2002). . . . . § 458.320(1), Fla. Stat. (1999). . . . authorized under the laws of this state or of the United States to receive deposits in this state. § 458.320 . . . competent jurisdiction staying execution on the final judgment pending disposition of the appeal. § 458.320 . . . Robert, affirmed a dismissal without prejudice of a plaintiffs claim against a hospital under section 458.320 . . . There is no such language in section 458.320. . . .
. . . . § 458.320(1). . . . Stat. § 458.320(5)(f). . . . Stat. § 458.320(6). . . . Stat. § 458.320 does not create a fiduciary duty, because no funds are “entrusted” to a doctor under . . . Stat. § 458.320(1). . . .
. . . . § 458.320(2), as a condition of licensing, a doctor with hospital privileges must comply with one of . . . Hanft needed to comply with F.S. § 458.320(2) because he had hospital privileges. . . . Florida Statutes § 458.320(2) meets all of these requirements. . . . of F.S. § 458.320(5)(f)(7). . . . Additionally, F.S. § 458.320(6) permanently disqualifies any doctor from the exemption provisions if . . .
. . . Section 458.320(2)(b), Florida Statutes (1997), mandates financial responsibility as a condition of a . . . Thus, count XI does state a cause of action against the hospital under section 458.320(2)(b). . . .
. . . . § 458.320(2)(b), Fla. Stat. (1997). . . . The pertinent portion of the Reform Act, section 458.320(2)(b), requires a physician, as a condition . . . We read section 458.320(2)(b) as imposing a statutory duty on the hospital to assure the financial responsibility . . .
. . . Because in 1985, the Florida Legislature passed Chapter 458.320, Florida Statutes, which requires that . . .
. . . Ch. 458.320. . . . Stat. 458.320 when he chose to discontinue his medical malpractice insurance was an intentional effort . . . Under Florida Statute 458.320, the notice must state: Under Florida law, physicians are generally required . . .
. . . Florida Statute § 458.320 (1991), entitled “Financial Responsibility” (the “Financial Responsibility . . . I understand that such a sign or notice must contain the wording specified in Section 458.320(5)(g), . . . Consistent with the requirements set forth in the Renewal Form and in Fla.Stat. § 458.320, Dr. . . . . § 458.320(5)(g)(4). . . . Ch. 458.320, respectively. . . .
. . . Fla.Stat. 458.320 subsections (1), (2) and (3) provide in essence that as a condition of licensing and . . . Fla.Stat. 458.320(5)(g) essentially provides that the financial responsibility requirements referenced . . . Grau of F.S. § 458.320(5)(g) and § 458.331(l)(a) and (g) for failure to pay Branham’s adverse final judgment . . . Pursuant to Fla.Stat. § 458.320(5)(g), Debtor would now be responsible for paying Branham's final judgment . . .