Florida Statute 766.108 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.108 Mandatory mediation and mandatory settlement conference in medical negligence actions.—

(1) Within 120 days after the suit is filed, unless such period is extended by mutual agreement of all parties, all parties shall attend in-person mandatory mediation in accordance with s. 44.102 if binding arbitration under s. 766.207 has not been agreed to by the parties. The Florida Rules of Civil Procedure shall apply to mediation held pursuant to this section.

(2)(a) In any action for damages based on personal injury or wrongful death arising out of medical malpractice, whether in tort or contract, the court shall require a settlement conference at least 3 weeks before the date set for trial.

(b) Attorneys who will conduct the trial, parties, and persons with authority to settle shall attend the settlement conference held before the court unless excused by the court for good cause.

History.—s. 19, ch. 85-175; s. 11, ch. 86-287; s. 50, ch. 2003-416.

Note.—Former s. 768.58.

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Amendments to 766.108

Annotations, Discussions, Cases:

Cases Citing Statute 766.108

Total Results: 7 | Sort by: Relevance | Newest First

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Rhoades v. Sw Fla. Reg'l Med. Ctr., 554 So. 2d 1188 (Fla. 2d DCA 1989).

Cited 11 times | Published | Florida 2nd District Court of Appeal

...Sections 768.40-66 comprised part II of this chapter, which was entitled "Medical Malpractice and Related Matters." These sections have been transferred to Chapter 766, Florida Statutes in the 1988 Supplement. [5] Transferred to section 766.104, Florida Statutes (1988 Supp.). [6] Transferred to section 766.108, Florida Statutes (1988 Supp.).

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Advisory Op. to Atty. Gen. Re Comp. Amend., 880 So. 2d 675 (Fla. 2004).

Cited 10 times | Published | Supreme Court of Florida

...o an arbitration process that is totally nonbinding. See § 766.107, Fla. Stat. (2003). In the alternative, the parties may mutually agree to binding arbitration. See § 766.207, Fla. Stat. (2003). If the parties do not agree to binding arbitration, section 766.108 of the Florida Statutes (2003) requires that the parties participate in mandatory mediation and settlement conference activities prior to any trial. See § 766.108(1)-(2)(a), Fla....

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M.D. v. United States, 745 F. Supp. 2d 1274 (M.D. Fla. 2010).

Cited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 110437, 2010 WL 3893750

..., §§ 458.3311; 459.0151; 461.0131, Fla. Stat. (2007), requires healthcare facilities to implement patient safety plans, id. § 395.1012, modifies pre-suit notification requirements, id. § 766.106, and requires mediation for malpractice cases, id. § 766.108(1)....

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Bauer v. Hardy, 651 So. 2d 748 (Fla. 1st DCA 1995).

Cited 1 times | Published | Florida 1st District Court of Appeal | 1995 WL 87301

...This is an appeal from an order finding the Bauers and their attorney in contempt for failure to pay a mediator's fee. We reverse. In this medical malpractice case, the court ordered the parties to engage in a settlement conference, as required by section 766.108, Florida Statutes....

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Advisory Opinion to the Attorney Gen. re the Med. Liab. Claimant's Comp. Amendment, 880 So. 2d 675 (Fla. 2004).

Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008

parties do not agree to binding arbitration, section 766.108 of the Florida Statutes (2003) requires that

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Rhoades v. Sw. Florida Reg'l Med. Ctr., 554 So. 2d 1188 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 14 Fla. L. Weekly 2838, 1989 Fla. App. LEXIS 6862, 1989 WL 147946

...Sections 768.40-66 comprised part II of this chapter, which was entitled "Medical Malpractice and Related Matters.” These sections have been transferred to Chapter 766, Florida Statutes in the 1988 Supplement. . Transferred to section 766.104, Florida Statutes (1988 Supp.). . Transferred to section 766.108, Florida Statutes (1988 Supp.).

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Mohamad R. Samiian, M.D., individually etc. v. First Professionals Ins. etc., 180 So. 3d 190 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17927, 2015 WL 7731744

...The 210th day after service of the complaint in the medical negligence action upon the insured. . . .; or 2. The 60th day after the conclusion of [specific depositions, initial disclosure of witness and document production, and mediation as provided in section 766.108, Florida Statutes]. .... (d) The fact that the insurer did not tender policy limits during the time periods specified in this paragraph is not presumptive e...