Florida Statute 766.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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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 under part I of chapter 641;

b. A committee of a physician-hospital organization, a provider-sponsored organization, or an integrated delivery system;

c. A committee of a state or local professional society of health care providers;

d. A committee of a medical staff of a licensed hospital or nursing home, provided the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital or nursing home;

e. A committee of the Department of Corrections or the Correctional Medical Authority as created under s. 945.602, or employees, agents, or consultants of either the department or the authority or both;

f. A committee of a professional service corporation formed under chapter 621 or a corporation organized under part I of chapter 607 or chapter 617, which is formed and operated for the practice of medicine as defined in s. 458.305(3), and which has at least 25 health care providers who routinely provide health care services directly to patients;

g. A committee of the Department of Children and Families which includes employees, agents, or consultants to the department as deemed necessary to provide peer review, utilization review, and mortality review of treatment services provided pursuant to chapters 394, 397, and 916;

h. A committee of a mental health treatment facility licensed under chapter 394 or a community mental health center as defined in s. 394.907, provided the quality assurance program operates pursuant to the guidelines that have been approved by the governing board of the agency;

i. A committee of a substance abuse treatment and education prevention program licensed under chapter 397 provided the quality assurance program operates pursuant to the guidelines that have been approved by the governing board of the agency;

j. A peer review or utilization review committee organized under chapter 440;

k. A committee of the Department of Health, a county health department, healthy start coalition, or certified rural health network, when reviewing quality of care, or employees of these entities when reviewing mortality records; or

l. A continuous quality improvement committee of a pharmacy licensed pursuant to chapter 465,

which committee is formed to evaluate and improve the quality of health care rendered by providers of health service, to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care, or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area; or

2. A committee of an insurer, self-insurer, or joint underwriting association of medical malpractice insurance, or other persons conducting review under s. 766.106.

(b) The term “health care providers” means physicians licensed under chapter 458, osteopathic physicians licensed under chapter 459, podiatric physicians licensed under chapter 461, optometrists licensed under chapter 463, dentists licensed under chapter 466, chiropractic physicians licensed under chapter 460, pharmacists licensed under chapter 465, or hospitals or ambulatory surgical centers licensed under chapter 395.

(2) A medical review committee of a hospital or ambulatory surgical center or health maintenance organization shall screen, evaluate, and review the professional and medical competence of applicants to, and members of, medical staff. As a condition of licensure, each health care provider shall cooperate with a review of professional competence performed by a medical review committee.

(3)(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed medical review committee, or any health care provider furnishing any information, including information concerning the prescribing of substances listed in s. 893.03(2), to such committee, or any person, including any person acting as a witness, incident reporter to, or investigator for, a medical review committee, for any act or proceeding undertaken or performed within the scope of the functions of any such committee if the committee member or health care provider acts without intentional fraud.

(b) The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

(4) Except as provided in subsection (3), this section shall not be construed to confer immunity from liability on any professional society or hospital or upon any health professional while performing services other than as a member of a medical review committee or upon any person, including any person acting as a witness, incident reporter to, or investigator for, a medical review committee, for any act or proceeding undertaken or performed outside the scope of the functions of such committee. In any case in which, but for the enactment of the preceding provisions of this section, a cause of action would arise against a hospital, professional society, or an individual health professional, such cause of action shall exist as if the preceding provisions had not been enacted.

(5) The investigations, proceedings, and records of a committee as described in the preceding subsections shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee, nor should any person who testifies before such committee or who is a member of such committee be prevented from testifying as to matters within his or her knowledge, but the said witness cannot be asked about his or her testimony before such a committee or opinions formed by him or her as a result of said committee hearings.

(6) In the event that the defendant prevails in an action brought by a health care provider against any person that initiated, participated in, was a witness in, or conducted any review as authorized by this section, the court shall award reasonable attorney’s fees and costs to the defendant.

(7)(a) It is the intent of the Legislature to encourage medical review committees to contribute further to the quality of health care in this state by reviewing complaints against physicians in the manner described in this paragraph. Accordingly, the Department of Health may enter into a letter of agreement with a professional society of physicians licensed under chapter 458 or chapter 459, under which agreement the medical or peer review committees of the professional society will conduct a review of any complaint or case referred to the society by the department which involves a question as to whether a physician’s actions represented a breach of the prevailing professional standard of care. The prevailing professional standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. The letter of agreement must specify that the professional society will submit an advisory report to the department within a reasonable time following the department’s written and appropriately supported request to the professional society. The advisory report, which is not binding upon the department, constitutes the professional opinion of the medical review committee and must include:

1. A statement of relevant factual findings.

2. The judgment of the committee as to whether the physician’s actions represented a breach of the prevailing professional standard of care.

(b) Cases involving possible criminal acts may not be referred to medical review committees, and emergency action by the department needed to protect the public against immediate and substantial threats must not be delayed by any referral of the case to a medical review committee. The department shall refer cases pursuant to this subsection prior to making determinations of probable cause.

(c) So as not to inhibit the willing and voluntary service of professional society members on medical review committees, the department shall use advisory reports from medical committees as background information only and shall prepare its own case using independently prepared evidence and supporting expert opinion for submission to the probable cause panel of a regulatory board formed under chapter 458 or chapter 459. Proceedings of medical review committees are exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution, and any advisory reports provided to the department by such committees are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, regardless of whether probable cause is found. The medical review committee advisory reports and any records created by the medical review committee are not subject to discovery or introduction into evidence in any disciplinary proceeding against a licensee. Further, no person who voluntarily serves on a medical review committee or who investigates a complaint for the committee may be permitted or required to testify in any such disciplinary proceeding as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof. However, nothing in this section shall be construed to mean that information, documents, or records otherwise available and obtained from original sources are immune from discovery or use in any such disciplinary proceeding merely because they were presented during proceedings of a peer review organization or committee. Members of medical review committees shall assist the department in identifying such original sources when possible.

(d) Professional society representatives who participate in medical reviews and preparation of advisory reports pursuant to this subsection will be reimbursed for per diem and travel expenses consistent with the provisions of s. 112.061 and as provided in the written agreement described in paragraph (a).

(e) There shall be no monetary liability on the part of, and no cause of action shall arise against, any state or local professional society of physicians licensed under chapter 458 or chapter 459, or any member thereof, acting pursuant to the provisions of this subsection without intentional fraud or malice. Further, this subsection does not supersede the provisions of paragraph (3)(a) relating to immunity from liability for medical review committees.

(8) No cause of action of any nature by a person licensed pursuant to chapter 458, chapter 459, chapter 461, chapter 463, part I of chapter 464, chapter 465, or chapter 466 shall arise against another person licensed pursuant to chapter 458, chapter 459, chapter 461, chapter 463, part I of chapter 464, chapter 465, or chapter 466 for furnishing information to a duly appointed medical review committee, to an internal risk management program established under s. 395.0197, to the Department of Health or the Agency for Health Care Administration, or to the appropriate regulatory board if the information furnished concerns patient care at a facility licensed pursuant to part I of chapter 395 where both persons provide health care services, if the information is not intentionally fraudulent, and if the information is within the scope of the functions of the committee, department, or board. However, if such information is otherwise available from original sources, it is not immune from discovery or use in a civil action merely because it was presented during a proceeding of the committee, department, or board.

History.—ss. 1, 2, ch. 72-62; s. 1, ch. 73-50; s. 1, ch. 77-461; s. 285, ch. 79-400; s. 3, ch. 80-353; s. 8, ch. 85-175; s. 1, ch. 87-342; s. 47, ch. 88-277; s. 34, ch. 88-392; s. 25, ch. 88-398; s. 4, ch. 89-281; s. 35, ch. 89-289; s. 16, ch. 89-374; s. 9, ch. 90-341; s. 92, ch. 92-289; s. 37, ch. 93-39; s. 1, ch. 93-155; s. 1, ch. 93-158; s. 1, ch. 94-73; s. 244, ch. 94-218; s. 6, ch. 95-140; s. 422, ch. 96-406; s. 1798, ch. 97-102; s. 80, ch. 97-237; s. 61, ch. 97-264; s. 31, ch. 98-89; ss. 228, 295, ch. 98-166; s. 23, ch. 98-191; s. 6, ch. 99-186; s. 143, ch. 2000-318; s. 86, ch. 2001-277; s. 50, ch. 2009-132; s. 294, ch. 2014-19; s. 73, ch. 2014-209.

Note.—Former s. 768.131; s. 768.40.

F.S. 766.101 on Google Scholar

F.S. 766.101 on CourtListener

Amendments to 766.101

Annotations, Discussions, Cases:

Cases Citing Statute 766.101

Total Results: 76

Florida Hosp. Waterman, Inc. v. Buster

984 So. 2d 478, 2008 WL 596700

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177

Cited 68 times | Published

40(4), Florida Statutes, the predecessor to section 766.101). In order to make meaningful peer review possible

Cruger v. Love

599 So. 2d 111, 1992 WL 80103

Supreme Court of Florida | Filed: Apr 23, 1992 | Docket: 1483858

Cited 55 times | Published

hospitals and other health care organizations. Section 766.101(2) requires that medical review committees

Weinstock v. Groth

629 So. 2d 835, 1993 WL 528465

Supreme Court of Florida | Filed: Dec 23, 1993 | Docket: 372523

Cited 50 times | Published

professional activity by health care providers. [2] Section 766.101(1)(b) defines health care providers as physicians

Florida Dept. of State v. Martin

916 So. 2d 763, 2005 WL 3005562

Supreme Court of Florida | Filed: Nov 10, 2005 | Docket: 1187383

Cited 37 times | Published

election, it has the absolute discretion under section *766 101.253(2) to grant or deny a request for withdrawal

Bell v. Indian River Mem. Hosp.

778 So. 2d 1030, 2001 WL 98665

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 1686912

Cited 29 times | Published

complied with the presuit requirements of Section 766.101, Fla. Stat., and have filed this action beyond

West Florida Regional Medical Center, Inc. v. See

79 So. 3d 1, 37 Fla. L. Weekly Supp. 22, 2012 Fla. LEXIS 55, 2012 WL 87282

Supreme Court of Florida | Filed: Jan 12, 2012 | Docket: 60305136

Cited 26 times | Published

the First District below determined that section 766.101(5), Florida Statutes (2006), does not protect

Psychiatric Associates v. Siegel

610 So. 2d 419, 1992 WL 364766

Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 1413133

Cited 24 times | Published

to pay the costs and attorney's fees. [3] Section 766.101(6)(b), Florida Statutes (Supp. 1988), reads

NME Properties, Inc. v. McCullough

590 So. 2d 439, 1991 WL 178109

District Court of Appeal of Florida | Filed: Sep 13, 1991 | Docket: 1512682

Cited 22 times | Published

definition of health care provider in either section 766.101(1)(b) or section 766.105(1)(b), Florida Statutes

Ruiz v. Steiner

599 So. 2d 196, 1992 WL 91391

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 1483838

Cited 19 times | Published

proceedings were privileged from discovery under Section 766.101, Florida Statutes (1991). The petitioner then

Cooper v. Gulf Breeze Hospital, Inc.

839 F. Supp. 1538, 1993 U.S. Dist. LEXIS 19516, 1993 WL 512092

District Court, N.D. Florida | Filed: Nov 30, 1993 | Docket: 2038372

Cited 14 times | Published

plaintiffs may recover in damages. See Fla.Stat.Ann. § 766.101 et seq. (West 1993). Certain provisions in this

Boczar v. Manatee Hospitals & Health Systems, Inc.

731 F. Supp. 1042, 1990 U.S. Dist. LEXIS 1788, 52 Fair Empl. Prac. Cas. (BNA) 321, 1989 WL 168998

District Court, M.D. Florida | Filed: Feb 21, 1990 | Docket: 1491465

Cited 13 times | Published

review immunity provisions of Florida Statutes § 766.101 and Chapter 395 (1989) and the Federal Health

Noble v. Martin Memorial Hosp. Ass'n

710 So. 2d 567, 1997 WL 821400

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1444951

Cited 12 times | Published

appellees' request for attorney's fees pursuant to section 766.101(6)(a), Florida Statutes (1991). The appellees

Sova Drugs, Inc. v. Barnes

661 So. 2d 393, 1995 Fla. App. LEXIS 10641, 20 Fla. L. Weekly Fed. D 2304

District Court of Appeal of Florida | Filed: Oct 13, 1995 | Docket: 532412

Cited 12 times | Published

list of "health care providers," for example, section 766.101(1)(b), Florida Statutes (1993).[2] However

Beverly Enterprises-Florida, Inc. v. Ives

832 So. 2d 161, 2002 Fla. App. LEXIS 16138, 2002 WL 31487165

District Court of Appeal of Florida | Filed: Nov 8, 2002 | Docket: 1335730

Cited 11 times | Published

representative, are privileged pursuant to section 766.101, Florida Statutes. Beverly Enterprises argues

Florida Hosp. Waterman, Inc. v. Buster

932 So. 2d 344, 2006 WL 566084

District Court of Appeal of Florida | Filed: Mar 10, 2006 | Docket: 1285604

Cited 10 times | Published

health care providers in general. See, e.g., § 766.101(5), Fla. Stat. (2005) (medical review committee

Fullerton v. FLORIDA MEDICAL ASSOCIATION, INC.

938 So. 2d 587

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 1673647

Cited 9 times | Published

the lower court erroneously concluded that section 766.101, Florida Statutes (2003), and the federal Health

Baptist Hosp. of Miami, Inc. v. Garcia

994 So. 2d 390, 2008 WL 4643345

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1219840

Cited 8 times | Published

subject to discovery...."[3] Likewise, under section 766.101(5), Florida Statutes (2007), investigations

Miami Heart Institute v. Reis

638 So. 2d 530, 1994 WL 162790

District Court of Appeal of Florida | Filed: May 3, 1994 | Docket: 1168497

Cited 8 times | Published

the proceedings of all hospital boards, and section 766.101(5) applies to medical review committee proceedings

Martinez v. LIFEMARK HOSPITAL OF FLA.

608 So. 2d 855, 1992 WL 279921

District Court of Appeal of Florida | Filed: Oct 13, 1992 | Docket: 1732605

Cited 8 times | Published

Malpractice and Related Matters", (Fla. Stat. § 766.101, et seq. 1990), there is a separate section relating

Columbia Hospital Corp. of South Broward v. Fain

16 So. 3d 236, 2009 Fla. App. LEXIS 11600, 2009 WL 2516917

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1126733

Cited 7 times | Published

those participating in peer review process); § 766.101, Fla. Stat. (2008) (providing immunity for medical/peer

Doe v. Department of Health

948 So. 2d 803, 2006 Fla. App. LEXIS 21558, 2006 WL 3780681

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1769930

Cited 7 times | Published

regarding hospital licensing and regulation, and section 766.101(5), which is located in chapter 766 of the

Bayfront Medical Center v. State

741 So. 2d 1226, 1999 WL 777530

District Court of Appeal of Florida | Filed: Oct 1, 1999 | Docket: 453146

Cited 7 times | Published

therefore, a "health care provider" as defined in section 766.101(1)(b), Florida Statutes (1997). Finding, as

MOUNT SINAI MEDICAL CTR. v. Bernstein

645 So. 2d 530, 1994 WL 617202

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1223114

Cited 7 times | Published

petition and quash the order under review. Section 766.101 provides: (1) As used in this section: (a)

Hjm v. Brc

603 So. 2d 1331, 1992 WL 191324

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 1475973

Cited 7 times | Published

(Fla. 1992), the supreme court again gave section 766.101(5), Florida Statutes (1989),[3] a broad interpretation

TARPON SPRINGS GENERAL HOSP. v. Hudak

556 So. 2d 831, 1990 Fla. App. LEXIS 896, 1990 WL 12777

District Court of Appeal of Florida | Filed: Feb 16, 1990 | Docket: 542968

Cited 7 times | Published

subject to production under the provisions of section 766.101, Florida Statutes (Supp. 1988) (formerly section

Boca Raton Community Hosp. v. Jones

584 So. 2d 220, 1991 WL 158587

District Court of Appeal of Florida | Filed: Aug 21, 1991 | Docket: 1515200

Cited 6 times | Published

of medical review committees and boards. See § 766.101(5), Fla. Stat. (1989); § 395.011(9), Fla. Stat

Lingle v. Dion

776 So. 2d 1073, 2001 WL 99193

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 2553229

Cited 5 times | Published

questioning citing the language in § 766.101(5), Fla. Stat. (2000). Section 766.101(5), Florida Statutes (2000)

Munroe Regional Medical Center, Inc. v. Rountree

721 So. 2d 1220, 1998 Fla. App. LEXIS 15947, 1998 WL 880632

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 1694523

Cited 5 times | Published

information is not subject to disclosure because section 766.101(5), Florida Statutes (1997), specifically protects

Columbia Park Medical Center v. Gibbs

723 So. 2d 294, 1998 Fla. App. LEXIS 13534, 1998 WL 736467

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 1320068

Cited 5 times | Published

included the "peerreview" privilege provided in section 766.101(5), Florida Statues. The trial court overruled

COLUMBIA/JFK MEDICAL CTR. v. Sanguonchitte

920 So. 2d 711, 2006 WL 437511

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1730717

Cited 4 times | Published

and 395.0191(8), Florida Statutes (2005). Section 766.101(5) provides that the investigations, proceedings

Century Medical Centers, Inc. v. Marin

686 So. 2d 606, 12 I.E.R. Cas. (BNA) 343, 1996 Fla. App. LEXIS 10397, 1996 WL 577401

District Court of Appeal of Florida | Filed: Oct 9, 1996 | Docket: 1675880

Cited 4 times | Published

against the Defendant; pursuant to Florida Statute § 766.101, CENTURY MEDICAL CENTERS, INC., and members of

Palm Beach Gardens Community Hospital, Inc. v. O'BRIEN

651 So. 2d 783, 1995 WL 92232

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 2507729

Cited 4 times | Published

1992), in which our supreme court held that section 766.101(5), Florida Statutes (1989), precludes discovery

All Children's Hospital, Inc. v. Davis

590 So. 2d 546, 1991 WL 272679

District Court of Appeal of Florida | Filed: Dec 18, 1991 | Docket: 2589862

Cited 4 times | Published

pertaining to peer review is protected by section 766.101, Florida Statutes (1989). While the names of

Tenet Healthsystem Hospitals, Inc. v. Taitel

855 So. 2d 1257, 2003 WL 22336129

District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 1504244

Cited 3 times | Published

ground that these forms are privileged under section 766.101(5), Florida Statutes (2002). Cruger v. Love

Integrated Health Care Services, Inc. v. Lang-Redway

783 So. 2d 1108, 2001 WL 228024

District Court of Appeal of Florida | Filed: Mar 9, 2001 | Docket: 1259332

Cited 3 times | Published

definition conflicts, to some extent, with section 766.101(1)(b), Florida Statutes (1997), which has a

Liberty Mut. Ins. Co. v. Wolfson

773 So. 2d 1272, 2000 WL 1873028

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1687613

Cited 3 times | Published

process is privileged. See § 766.101(5) Fla. Stat. (2000). Section 766.101(5), Florida Statutes (2000)

Tapia-Ruano v. Alvarez

765 So. 2d 942, 2000 WL 1230215

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1522895

Cited 3 times | Published

intent to initiate litigation pursuant to section 766.101, et seq., Florida Statutes (1997), but she

Variety Children's Hosp. v. Mishler

670 So. 2d 184, 1996 WL 134764

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 1246086

Cited 3 times | Published

certiorari and quash the order to produce.[1] Section 766.101(5) states in relevant part: The investigations

COMMUNITY HOSPITAL OF PALM BEACHES, INC. v. Guerrero

579 So. 2d 304, 1991 WL 71560

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1432378

Cited 3 times | Published

GARRETT, JJ., concur. NOTES [1] Renumbered as § 766.101(6)(b).

Jacksonville Medical Center, Inc. v. Akers

560 So. 2d 1313, 1990 Fla. App. LEXIS 2939, 1990 WL 52804

District Court of Appeal of Florida | Filed: Apr 27, 1990 | Docket: 1739593

Cited 3 times | Published

Section 395.011(9), Florida Statutes (1989), and Section 766.101(5), Florida Statutes (1989). Dr. Brown, however

Acevedo v. Doctors Hospital, Inc.

68 So. 3d 949, 2011 Fla. App. LEXIS 12900, 2011 WL 3586185

District Court of Appeal of Florida | Filed: Aug 17, 2011 | Docket: 60302396

Cited 2 times | Published

and negligent hiring/retention pursuant to section 766.101, Florida Statutes (2007). The counts pertinent

West Florida Regional Medical Center, Inc. v. See

18 So. 3d 676, 2009 Fla. App. LEXIS 14400, 2009 WL 3047396

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640431

Cited 2 times | Published

board.... § 395.0191(8), Fla. Stat. (2006). Section 766.101(5) contains essentially the same language,

Brandon Regional Hosp. v. Murray

957 So. 2d 590, 32 Fla. L. Weekly Supp. 217, 2007 Fla. LEXIS 843, 2007 WL 1362903

Supreme Court of Florida | Filed: May 10, 2007 | Docket: 1271401

Cited 2 times | Published

former section 768.40(4), the predecessor to section 766.101). As part of this scheme to encourage self-regulation

Community Blood Centers v. Damiano

697 So. 2d 948, 1997 WL 430003

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777526

Cited 2 times | Published

§ 766.102; § 768.50(2), Fla.Stat. (1985);[4] § 766.101(1)(b);[5] § 766.105(1)(b).[6] Our supreme court

Hillsborough County Hosp. Auth. v. Lopez

678 So. 2d 408, 1996 WL 402965

District Court of Appeal of Florida | Filed: Jul 19, 1996 | Docket: 1737050

Cited 2 times | Published

A medical review committee, as defined by section 766.101(5), Florida Statutes (1995), created the record

Dhaduvai v. Belsito

663 So. 2d 1356, 1995 WL 680881

District Court of Appeal of Florida | Filed: Nov 17, 1995 | Docket: 1313663

Cited 2 times | Published

those for medical review committees found in section 766.101, Florida Statutes (1993). Both sections 395

COMMUNITY HOSPITAL OF PALM BEACHES, INC. v. Guerrero

610 So. 2d 418, 17 Fla. L. Weekly Supp. 739, 1992 Fla. LEXIS 2048

Supreme Court of Florida | Filed: Dec 3, 1992 | Docket: 2527643

Cited 2 times | Published

Florida Statutes (1987) was renumbered as section 766.101(6)(b), Florida Statutes (Supp. 1988).

Psychiatric Associates v. Siegel

567 So. 2d 52, 1990 WL 141897

District Court of Appeal of Florida | Filed: Sep 27, 1990 | Docket: 2080202

Cited 2 times | Published

395.0115(5)(b), Florida Statutes (1987), and section 766.101(6)(b), Florida Statutes (Supp. 1988), which

Doe v. SUNTRUST BANK

32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1662508

Cited 1 times | Published

(2005) (creating a privilege for crash reports); § 766.101(5), Fla. Stat. (2005) (creating a privilege for

Fullerton v. FLORIDA MEDICAL ASS'N, INC.

973 So. 2d 1144, 2006 WL 1888545

District Court of Appeal of Florida | Filed: Jul 11, 2006 | Docket: 1688075

Cited 1 times | Published

the lower court erroneously concluded that section 766.101, Florida Statutes (2003), and the federal Health

COLUMBIA HOSP. OF SO. DADE v. Barrera

738 So. 2d 505

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 1502989

Cited 1 times | Published

plaintiffs. We granted certiorari concluding: *506 Section 766.101(5), Florida Statutes, provides: "[t]he investigations

Ornda Healthcorp v. Berghof

722 So. 2d 961, 1999 WL 2526

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1465535

Cited 1 times | Published

insurance, to plaintiffs. We grant certiorari. Section 766.101(5), Florida Statutes, provides: "[t]he investigations

Toyos v. Northwestern Mut. Life Ins. Co.

1 F. Supp. 2d 1462, 1998 U.S. Dist. LEXIS 6268, 1998 WL 219519

District Court, S.D. Florida | Filed: Apr 6, 1998 | Docket: 2435721

Cited 1 times | Published

Florida Statutes, the predecessor to the current § 766.101. See, e.g., Cruger v. Love, 599 So.2d 111, 113

STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Krejci Co.

570 So. 2d 1322, 1990 Fla. App. LEXIS 4090, 1990 WL 77254

District Court of Appeal of Florida | Filed: Jun 8, 1990 | Docket: 1704312

Cited 1 times | Published

civil action against a health care provider. § 766.101(5), Fla. Stat. (1989); Burton v. Becker, 516 So

Swift Response, LLC v. Routt

District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587479

Published

analysis or quality assurance information” under section 766.101, Florida Statutes); Gomillion v. State, 267

Philip Regala, M.D., Philip Regala, M.D. P.L., F/K/A Philip Regala, M.D., P.A. and v. Michael McDonald

District Court of Appeal of Florida | Filed: Sep 6, 2024 | Docket: 69135347

Published

section 395.091(8), Florida Statutes and section 766.101(5), Florida Statutes. See e.g. Columbia/JFK

Rick Moeller v. Southeast Florida Behavorial Health Network, Inc, Ann Berner, and Lindsay Slatter-Cerny

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68038518

Published

investigation report pursuant to section 766.101, Florida Statutes (2022). Section 766.101 pertinently provides:

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123870

Published

various statutes. See § 395.0191(7); see also § 766.101(8). In Halpern v. Castellano, 339 So. 3d 343 (Fla

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D. AND WEST FLORIDA-MHT, LLC D/ B/ A HCA FLORIDA SOUTH TAMPA HOSPITAL

District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123869

Published

various statutes. See § 395.0191(7); see also § 766.101(8). In Halpern v. Castellano, 339 So. 3d 343 (Fla

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida | Filed: Dec 29, 2023 | Docket: 68123871

Published

various statutes. See § 395.0191(7); see also § 766.101(8). In Halpern v. Castellano, 339 So. 3d 343 (Fla

ZADYE THOMAS vs ST. VINCENT'S MEDICAL CENTER, INC., A FLORIDA NOT FOR PROFIT CORPORATION

District Court of Appeal of Florida | Filed: Aug 11, 2023 | Docket: 67400033

Published

pre-suit notice requirements set forth in section 766.101, Florida Statutes. We reverse and remand for

SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL HEALTHCARE SYSTEM v. DAVID M. FELDBAUM, M.D.

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954651

Published

peer review process. 1Older cases refer to section 766.101(5), which was the predecessor to Chapter 395

Department of Health v. Poss

45 So. 3d 510, 2010 Fla. App. LEXIS 14075, 2010 WL 3655931

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 2398535

Published

it would have said. The language adopted in section 766.101(5), as well as in sections 395.011(9) and 395

Palms of Pasadena Hospital v. Rutigliano

908 So. 2d 594, 2005 Fla. App. LEXIS 12542, 2005 WL 1923178

District Court of Appeal of Florida | Filed: Aug 12, 2005 | Docket: 64839826

Published

its Credentials Committee. Palms argues that section 766.101(5) and section 395.0191(8), Florida Statutes

Lane v. Health Options, Inc.

796 So. 2d 1234, 2001 Fla. App. LEXIS 14619, 2001 WL 1205854

District Court of Appeal of Florida | Filed: Oct 10, 2001 | Docket: 64809383

Published

the HMO with presuit notice as required by section 766.101, Florida Statutes and failed to file suit within

Moore v. Golson

794 So. 2d 752, 2001 Fla. App. LEXIS 13416, 2001 WL 1131883

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64808478

Published

the report was protected from discovery by section 766.101, Florida Statutes (2000). We agree and grant

Humana Medical Plan, Inc. v. Erdely

785 So. 2d 714, 2001 Fla. App. LEXIS 7183, 2001 WL 543438

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 1510132

Published

review and credentialing privileges under section 766.101(5), Florida Statutes. After a hearing, the

Columbia Hospital Corp. of South Dade v. Barrera

738 So. 2d 505, 1999 Fla. App. LEXIS 10726

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 64789788

Published

review by such committee.” (emphasis added). § Fla. Stat. 766.101(5) (1997). In Cruger v. Love, 599 So.2d 111

Joseph L. Riley Anesthesia Associates, P.A. v. Karstetter

729 So. 2d 517, 1999 Fla. App. LEXIS 4567, 1999 WL 193720

District Court of Appeal of Florida | Filed: Apr 9, 1999 | Docket: 64787181

Published

from the witness listing, arguing that under section 766.101(5), Florida Statutes, that peer review evaluation

Liberatore v. NME Hospitals, Inc.

711 So. 2d 1364, 1998 Fla. App. LEXIS 7186, 1998 WL 314661

District Court of Appeal of Florida | Filed: Jun 17, 1998 | Docket: 64781254

Published

documents requested were privileged pursuant to section 766.101(5) and section 395.0191, Florida Statutes (1997)

Martinez v. Provident Life & Accident Insurance

174 F.R.D. 502, 1997 U.S. Dist. LEXIS 12901, 1997 WL 535199

District Court, S.D. Florida | Filed: Jun 26, 1997 | Docket: 66315616

Published

1997). Section 766.101(5) applies the rule to a “[medical review] committee.” Fla.Stat.Ann. § 766.101(5)

H.J.M. v. B.R.C.

603 So. 2d 1331, 1992 Fla. App. LEXIS 8914

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669401

Published

111 (Fla.1992), the supreme court again gave section 766.101(5), Florida Statutes (1989),3 a broad interpretation

Ago

Florida Attorney General Reports | Filed: Apr 10, 1992 | Docket: 3255603

Published

discuss quality assurance and peer review. Section 766.101(2), F.S., requires a "medical review committee"

Pardell v. Humana Medical Plan, Inc.

580 So. 2d 286, 1991 Fla. App. LEXIS 5243, 1991 WL 82537

District Court of Appeal of Florida | Filed: May 21, 1991 | Docket: 64658987

Published

which conducts peer review of physicians under section 766.101, Florida Statutes (1989), is a “person” entitled

Pardell v. Humana Medical Plan, Inc.

560 So. 2d 1249, 1990 Fla. App. LEXIS 2473, 1990 WL 40318

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 64650348

Published

Committee immune from discovery pursuant to section 766.101(5), Florida Statutes (Supp.1988).1 *1250Humana

Tampa Television, Inc. v. Dugger

559 So. 2d 397, 1990 Fla. App. LEXIS 2523, 1990 WL 41237

District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 64649539

Published

response to Wait, the Legislature amended Section 766.101, Florida Statutes. The amended statute expressly

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.