766.108
Mandatory mediation and mandatory settlement conference in medical negligence actions.
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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.
Notes of Decisions
Cited in 7
cases, 1989–2015 · leading case: Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment
Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment (2004)
“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.”
Rhoades v. Southwest Florida Regional Medical Center (1989)
“Transferred to section 766.108, Florida Statutes (1988 Supp.”
M.D. v. United States (2010)
“§ 766.108(1). The statutory limits on non-economic damages, like these other provisions, provide for the improved delivery of healthcare services to all Floridians.”
Mohamad R. Samiian, M.D., individually etc. v. First Professionals Insurance etc. (2015)
“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], [[Image here]] (d)The fact that the insurer did not tender policy limits during the time periods…”
Advisory Op. to Atty. Gen. Re Comp. Amend. (2004)
“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.”
Bauer v. Hardy (1995)
“In this medical malpractice case, the court ordered the parties to engage in a settlement conference, as required by section 766.108, Florida Statutes. The order appointing a mediator provided that the "Mediator shall be compensated at the rate of 0.”
Rhoades v. SW FLA. REGIONAL MED. CTR. (1989)
“[6] Transferred to section 766.108, Florida Statutes (1988 Supp.”
— 766.108(1) — 2 cases
M.D. v. United States (2010)
“§ 766.108(1). The statutory limits on non-economic damages, like these other provisions, provide for the improved delivery of healthcare services to all Floridians.”
Advisory Op. to Atty. Gen. Re Comp. Amend. (2004)
“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.”
— 766.108(l) — 1 case
Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment (2004)
“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.”
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