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

Rhoades v. SW FLA. REGIONAL MED. CTR.

554 So. 2d 1188

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 1319163

Cited 11 times | Published

Statutes (1988 Supp.). [6] Transferred to section 766.108, Florida Statutes (1988 Supp.).

Advisory Op. to Atty. Gen. Re Comp. Amend.

880 So. 2d 675

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1689296

Cited 10 times | Published

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

M.D. v. United States

745 F. Supp. 2d 1274, 2010 U.S. Dist. LEXIS 110437, 2010 WL 3893750

District Court, M.D. Florida | Filed: Sep 30, 2010 | Docket: 2342280

Cited 2 times | Published

requires mediation for malpractice cases, id. § 766.108(1). The statutory limits on non-economic damages

Bauer v. Hardy

651 So. 2d 748, 1995 WL 87301

District Court of Appeal of Florida | Filed: Mar 6, 1995 | Docket: 476361

Cited 1 times | Published

in a settlement conference, as required by section 766.108, Florida Statutes. The order appointing a mediator

Mohamad R. Samiian, M.D., individually etc. v. First Professionals Insurance etc.

180 So. 3d 190, 2015 Fla. App. LEXIS 17927, 2015 WL 7731744

District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 3017313

Published

document production, and mediation as provided in section 766.108, Florida Statutes], [[Image here]]

Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment

880 So. 2d 675, 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 64832263

Published

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

Rhoades v. Southwest Florida Regional Medical Center

554 So. 2d 1188, 14 Fla. L. Weekly 2838, 1989 Fla. App. LEXIS 6862, 1989 WL 147946

District Court of Appeal of Florida | Filed: Dec 8, 1989 | Docket: 64647388

Published

Statutes (1988 Supp.). . Transferred to section 766.108, Florida Statutes (1988 Supp.).

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.