Florida Statute 766.110 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.110

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.

F.S. 766.110 on Google Scholar

F.S. 766.110 on Casetext

Amendments to 766.110

Arrestable Offenses / Crimes under Fla. Stat. 766.110

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.110.

Annotations, Discussions, Cases:

Cases Citing Statute 766.110

Total Results: 14

In Re: Standard Jury Instructions in Civil Cases - Report No. 18-01

Court: Fla. | Date Filed: 2018-09-13T00:00:00-07:00

Citation: 253 So. 3d 531

Snippet: 543 So.2d 209 (Fla. 1989); F.S. 766.110. [When a [person] [facility] undertakes

2D16-2122 / St. Joseph's Hospital, Inc. v. Doe

Court: Fla. Dist. Ct. App. | Date Filed: 2017-01-13T00:00:00-08:00

Citation: 208 So. 3d 1200

Snippet: complaint, Ms. Doe alleged violations of section 766.110, which is entitled “Liability of healthcare facilities…duties pursuant to Florida Statutes, [section] 766.110 to provide risk management and assure the competence…Doe’s allegations of sexual abuse. Section 766.110(1) states that [a]ll health care facilities…processes are being diligently carried out.” § 766.110(l)(a)-(c). Ms. Doe specifically alleged in…. Joseph’s violated the requirement of section 766.110 that it have and comply with a comprehensive risk

Palms West Hospital Ltd. Partnership v. Burns

Court: Fla. Dist. Ct. App. | Date Filed: 2011-11-30T00:00:00-08:00

Citation: 83 So. 3d 785

Snippet: a statutory cause of action based upon section 766.110, Florida Statutes (2009) (duty to assure competence

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666

Snippet: Insinga v. LaBella, 543 So.2d 209 (Fla. 1989); F.S. 766.110. [When a [person] [facility] undertakes to perform…made). NOTE ON USE FOR 402.11d Derived from F.S. 766.110. 402.12 ISSUES ON CLAIM OF ATTORNEY MALPRACTICE

Horowitz v. PLANTATION GENERAL HOSP. LTD.

Court: Fla. | Date Filed: 2007-05-24T00:53:00-07:00

Citation: 959 So. 2d 176

Snippet: staff privileges. Like section 458.320, section 766.110, Florida Statutes (2006), was enacted as part of…ch. 85-175, §§ 23, 28, Laws of Fla.[12] Section 766.110(1) provides that all health care facilities have…duties." Conspicuously absent from section 766.110 is any mention of civil liability for a hospital…staff-privileged physicians. The fact that section 766.110 expressly imposes a duty on and creates a cause…such a duty and cause of action within section 766.110 or used parallel language to impose civil liability

Notami Hosp. of Florida, Inc. v. Bowen

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-21T00:53:00-07:00

Citation: 927 So. 2d 139

Snippet: supervising Dr. Pendrak, in violation of section 766.110, Florida Statutes. Respondents served the Hospital

Burke v. Snyder

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-01T23:53:00-08:00

Citation: 899 So. 2d 336

Snippet: medical care or services," we examined section 766.110, Florida Statutes (1997). This section provides…careful selection and review. See Fla. Stat. § 766.110(1) (1997). It further provides for liability where…configuration, and similar relevant factors. Fla. Stat. 766.110(1)(b) (1997). One component of an internal risk…facility's statutory liability under Fla. Stat. 766.110 as medical negligence *339 liability, rather than…care facility's liability under Fla. Stat. 766.110 should be considered medical negligence liability

MERCY HOSP., INC. v. Baumgardner

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-23T23:53:00-08:00

Citation: 870 So. 2d 130

Snippet: for satisfying financial responsibility in s. 766.110. (c) Obtaining and maintaining an unexpired irrevocable

Florida Hosp. Waterman v. Stoll

Court: Fla. Dist. Ct. App. | Date Filed: 2003-10-03T00:00:00-07:00

Citation: 855 So. 2d 271

Snippet: for any non-conformities with Florida Statute § 766.110 including, but not limited to: Assuring the competence

Maksad v. Kaskel

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-28T00:53:00-07:00

Citation: 832 So. 2d 788

Snippet: for a jury instruction that violating section 766.110, Florida Statutes (1995), regarding hospital procedures… testimony and in refusing to give the section 766.110 jury instruction is irrelevant. Appellant next … duty has been codified in what is now section 766.110(1), Florida Statutes (1995). 4D01-3290

O'Shea v. Phillips

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-23T23:53:00-08:00

Citation: 746 So. 2d 1105

Snippet: the legal cause of injury to a patient. Section 766.110, Florida Statutes (1997), provides: (1) All health…injury to a patient. (Italics supplied). Section 766.110(1)(b) requires a health care facility to adopt …care in fulfilling the duties imposed by section 766.110; the claim that a facility has improperly supervised…at 949. A cause of action arising under section 766.110 is a type of "medical malpractice" or…misconduct of the employee is addressed by section 766.110. Therefore, liability is not based on a theory

Palm Beach Gardens Community Hospital, Inc. v. O'BRIEN

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-07T23:53:00-08:00

Citation: 651 So. 2d 783

Snippet: complaint here alleges a violation of section 766.110(1), which provides in part: All health care facilities…was not addressing the applicability of section 766.110 because it was not pled or argued. We cannot agree…plaintiffs that including a claim under section 766.110(1) makes this information discoverable. If the …section 766.101(5) for claims brought under section 766.110(1), it would have been a simple matter for the …difficult for them to prosecute a claim under section 766.110(1), we cannot carve out an exception to the rule

Martinez v. LIFEMARK HOSPITAL OF FLA.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-13T00:53:00-07:00

Citation: 608 So. 2d 855

Snippet: of health care facilities. Florida Statutes § 766.110. The pertinent portion of that provision reads:

TARPON SPRINGS GENERAL HOSP. v. Hudak

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-15T23:53:00-08:00

Citation: 556 So. 2d 831

Snippet: [*] We are aware of the provisions of section 766.110, Florida Statutes (1989) (formerly section 768.60