766.110
Liability of health care facilities.
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766.110 Liability of health care facilities.—
(1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review, and are liable for a failure to exercise due care in fulfilling these duties. These duties shall include, but not be limited to:
(a) The adoption of written procedures for the selection of staff members and a periodic review of the medical care and treatment rendered to patients by each member of the medical staff;
(b) The adoption of a comprehensive risk management program which fully complies with the substantive requirements of s. 395.0197 as appropriate to such hospital’s size, location, scope of services, physical configuration, and similar relevant factors;
(c) The initiation and diligent administration of the medical review and risk management processes established in paragraphs (a) and (b) including the supervision of the medical staff and hospital personnel to the extent necessary to ensure that such medical review and risk management processes are being diligently carried out.
Each such facility shall be liable for a failure to exercise due care in fulfilling one or more of these duties when such failure is a proximate cause of injury to a patient.
(2) Every hospital licensed under chapter 395 may carry liability insurance or adequately insure itself in an amount of not less than $1.5 million per claim, $5 million annual aggregate to cover all medical injuries to patients resulting from negligent acts or omissions on the part of those members of its medical staff who are covered thereby in furtherance of the requirements of ss. 458.320 and 459.0085. Self-insurance coverage extended hereunder to a member of a hospital’s medical staff meets the financial responsibility requirements of ss. 458.320 and 459.0085 if the physician’s coverage limits are not less than the minimum limits established in ss. 458.320 and 459.0085 and the hospital is a verified trauma center that has extended self-insurance coverage continuously to members of its medical staff for activities both inside and outside of the hospital. Any insurer authorized to write casualty insurance may make available, but shall not be required to write, such coverage. The hospital may assess on an equitable and pro rata basis the following professional health care providers for a portion of the total hospital insurance cost for this coverage: physicians licensed under chapter 458, osteopathic physicians licensed under chapter 459, podiatric physicians licensed under chapter 461, dentists licensed under chapter 466, and nurses licensed under part I of chapter 464. The hospital may provide for a deductible amount to be applied against any individual health care provider found liable in a law suit in tort or for breach of contract. The legislative intent in providing for the deductible to be applied to individual health care providers found negligent or in breach of contract is to instill in each individual health care provider the incentive to avoid the risk of injury to the fullest extent and ensure that the citizens of this state receive the highest quality health care obtainable.
(3) In order to ensure comprehensive risk management for diagnosis of disease, a health care facility, including a hospital or ambulatory surgical center, as defined in chapter 395, may use scientific diagnostic disease methodologies that use information regarding specific diseases in health care facilities and that are adopted by the facility’s medical review committee.
History.—s. 23, ch. 85-175; s. 4, ch. 90-158; s. 93, ch. 92-289; s. 64, ch. 97-264; s. 232, ch. 98-166; s. 144, ch. 2000-318; s. 34, ch. 2002-400; s. 13, ch. 2011-233.
Note.—Former s. 768.60.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1990–2025 · leading case: Horowitz v. PLANTATION GENERAL HOSP. LTD.
Horowitz v. PLANTATION GENERAL HOSP. LTD. (2007)
“320, section 766.110, Florida Statutes (2006), was enacted as part of the Comprehensive Medical Malpractice Reform Act of 1985.”
Burke v. Snyder (2005)
“See Fla. Stat. § 766.110 (1) (1997). It further provides for liability where the health care facility fails to exercise due care in fulfilling its duties in this regard.”
Maksad v. Kaskel (2002)
“It also denied his request for a jury instruction that violating section 766.110, Florida Statutes (1995), regarding hospital procedures for selecting staff members, was evidence of negligence on the ground that the theory had not been pled.”
Notami Hosp. of Florida, Inc. v. Bowen (2006)
“Pendrak, in violation of section 766.110, Florida Statutes. Respondents served the Hospital with a Notice of Taking Videotape Deposition Duces Tecum of Gary Karsner, the Hospital's CEO.”
O'Shea v. Phillips (1999)
“Section 766.110, Florida Statutes (1997), provides: (1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through…”
Palms West Hospital Ltd. Partnership v. Burns (2011)
“It further argued that with regard to a statutory cause of action based upon section 766.110, Florida Statutes (2009) (duty to assure competence of medical staff members), this theory is predicated upon the provision of non-negligent care to patients and implicates the pre-suit…”
Palm Beach Gardens Community Hospital, Inc. v. O'BRIEN (1995)
“101(5), but noted in a footnote that it was not addressing the applicability of section 766.110 because it was not pled or argued.”
In Re Standard Jury Instructions in Civil Cases—Report No. 09-01 (2010)
“1989); F.S. 766.110. [When a [person] [facility] undertakes to perform services, [he] [she] [it] cannot transfer the obligation to perform those services to an independent contractor and remains responsible for the negligence of [his] [her] independent contractor.”
2D16-2122 / St. Joseph's Hospital, Inc. v. Doe (2017)
“Doe alleged violations of section 766.110, which is entitled “Liability of healthcare facilities”: *1203 20.”
TARPON SPRINGS GENERAL HOSP. v. Hudak (1990)
“NOTES [*] We are aware of the provisions of section 766.110, Florida Statutes (1989) (formerly section 768.”
Florida Hosp. Waterman v. Stoll (2003)
“is further directly liable for any non-conformities with Florida Statute § 766.110 including, but not limited to: Assuring the competence of its medical staff and personnel; selecting and retaining competent medical staff and personnel; diligently supervising its medical staff…”
Martinez v. LIFEMARK HOSPITAL OF FLA. (1992)
“Florida Statutes § 766.110. The pertinent portion of that provision reads: (1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in Chapter 395, have a duty to assure comprehensive risk management and the competence of their medical…”
— 766.110(1) — 5 cases
Maksad v. Kaskel (2002)
“It also denied his request for a jury instruction that violating section 766.110, Florida Statutes (1995), regarding hospital procedures for selecting staff members, was evidence of negligence on the ground that the theory had not been pled.”
Horowitz v. PLANTATION GENERAL HOSP. LTD. (2007)
“320, section 766.110, Florida Statutes (2006), was enacted as part of the Comprehensive Medical Malpractice Reform Act of 1985.”
Palm Beach Gardens Community Hospital, Inc. v. O'BRIEN (1995)
“101(5), but noted in a footnote that it was not addressing the applicability of section 766.110 because it was not pled or argued.”
2D16-2122 / St. Joseph's Hospital, Inc. v. Doe (2017)
“Doe alleged violations of section 766.110, which is entitled “Liability of healthcare facilities”: *1203 20.”
— 766.110(1)(a) — 1 case
— 766.110(1)(b) — 2 cases
Burke v. Snyder (2005)
“See Fla. Stat. § 766.110 (1) (1997). It further provides for liability where the health care facility fails to exercise due care in fulfilling its duties in this regard.”
O'Shea v. Phillips (1999)
“Section 766.110, Florida Statutes (1997), provides: (1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through…”
— 766.110(a) — 1 case
— 766.110(l)(a) — 1 case
2D16-2122 / St. Joseph's Hospital, Inc. v. Doe (2017)
“Doe alleged violations of section 766.110, which is entitled “Liability of healthcare facilities”: *1203 20.”
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