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Florida Statute 766.1016 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 766.1016 Case Law from Google Scholar Google Search for Amendments to 766.1016

The 2024 Florida Statutes

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.1016
766.1016 Patient safety data privilege.
(1) As used in this section, the term:
(a) “Patient safety data” means reports made to patient safety organizations, including all health care data, interviews, memoranda, analyses, root cause analyses, products of quality assurance or quality improvement processes, corrective action plans, or information collected or created by a health care facility licensed under chapter 395, or a health care practitioner as defined in s. 456.001(4), as a result of an occurrence related to the provision of health care services which exacerbates an existing medical condition or could result in injury, illness, or death.
(b) “Patient safety organization” means any organization, group, or other entity that collects and analyzes patient safety data for the purpose of improving patient safety and health care outcomes and that is independent and not under the control of the entity that reports patient safety data.
(2) Patient safety data shall not be subject to discovery or introduction into evidence in any civil or administrative action. However, information, documents, or records otherwise available from original sources are not immune from discovery or use in any civil or administrative action merely because they were also collected, analyzed, or presented to a patient safety organization. Any person who testifies before a patient safety organization or who is a member of such a group may not be prevented from testifying as to matters within his or her knowledge, but he or she may not be asked about his or her testimony before a patient safety organization or the opinions formed by him or her as a result of the hearings.
(3) Unless otherwise provided by law, a patient safety organization shall promptly remove all patient-identifying information after receipt of a complete patient safety data report unless such organization is otherwise permitted by state or federal law to maintain such information. Patient safety organizations shall maintain the confidentiality of all patient-identifying information and may not disseminate such information, except as permitted by state or federal law.
(4) The exchange of patient safety data among health care facilities licensed under chapter 395, or health care practitioners as defined in s. 456.001(4), or patient safety organizations which does not identify any patient shall not constitute a waiver of any privilege established in this section.
(5) Reports of patient safety data to patient safety organizations do not abrogate obligations to make reports to the Department of Health, the Agency for Health Care Administration, or other state or federal regulatory agencies.
(6) An employer may not take retaliatory action against an employee who in good faith makes a report of patient safety data to a patient safety organization.
History.s. 10, ch. 2003-416.

F.S. 766.1016 on Google Scholar

F.S. 766.1016 on Casetext

Amendments to 766.1016


Arrestable Offenses / Crimes under Fla. Stat. 766.1016
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.1016.



Annotations, Discussions, Cases:

Cases Citing Statute 766.1016

Total Results: 3

West Florida Regional Medical Center, Inc. v. See

Court: Fla. | Date Filed: 2012-01-12T00:00:00-08:00

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

Snippet: sections 395.0191, 395.0193, 395.0197, 766.101, and 766.1016, Florida Statutes (2006). *6See subsequently submitted

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

Snippet: .0193(8), 766.101(5), Fla. Stat. (2005); cf. § 766.1016(2), Fla. Stat. (2005) ("Patient safety data…. See §§ 395.0191(8), 395.0193(8), 766.101(5), 766.1016(2), Fla. Stat. (2005). In reality, the restrictions…ss. 395.0191, 395.0193, 395.0197, 766.101, and 766.1016, or repeal or otherwise alter any immunity provided…limited to, ss. 395.0191, 395.0193, 766.101, and 766.1016. (b) Except as otherwise provided by act of the…sections 395.0191(8), 395.0193(8), 766.101(5), 766.1016(2), and 395.0197(6)(c), (7), (8), (13) of the

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-09T23:53:00-08:00

Citation: 932 So. 2d 344

Snippet: (2005) (medical review committee privilege); § 766.1016(2), Fla. Stat. (2005) (patient safety data); §