Florida Statute 766.108 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.108

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

Arrestable Offenses / Crimes under Fla. Stat. 766.108

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.108.

Annotations, Discussions, Cases:

Cases Citing Statute 766.108

Total Results: 6

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

Court: District Court of Appeal of Florida | Date Filed: 2015-12-01

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

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2004-07-15

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

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

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

Court: Supreme Court of Florida | Date Filed: 2004-07-15

Citation: 880 So. 2d 675

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

Bauer v. Hardy

Court: District Court of Appeal of Florida | Date Filed: 1995-03-06

Citation: 651 So. 2d 748, 1995 WL 87301

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

Rhoades v. Southwest Florida Regional Medical Center

Court: District Court of Appeal of Florida | Date Filed: 1989-12-08

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

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

Rhoades v. SW FLA. REGIONAL MED. CTR.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-08

Citation: 554 So. 2d 1188

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