766.111

Engaging in unnecessary diagnostic testing; penalties.

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766.111 Engaging in unnecessary diagnostic testing; penalties.
(1) No health care provider licensed pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 shall order, procure, provide, or administer unnecessary diagnostic tests, which are not reasonably calculated to assist the health care provider in arriving at a diagnosis and treatment of a patient’s condition.
(2) A violation of this section shall be grounds for disciplinary action pursuant to s. 458.331, s. 459.015, s. 460.413, s. 461.013, or s. 466.028, as applicable.
(3) Any person who prevails in a suit brought against a health care provider predicated upon a violation of this section shall recover reasonable attorney’s fees and costs.
History.s. 26, ch. 85-175; s. 71, ch. 87-226; s. 8, ch. 96-296; s. 71, ch. 97-264.
Note.Former s. 768.61.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2001–2025 · leading case: Gallagher v. Manatee County
Gallagher v. Manatee County (2006) fladistctapp · cites it 2× “(2002) (providing with respect to disputes arising under the Condominium Act that "[t]he parties may seek to recover any costs and attorneys' fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be…”
Dean v. Vazquez (2001) fladistctapp · cites it 4× “If the greater weight of the evidence does not support the claims of Alfred Dean on the claims of performing unnecessary diagnostic testing, or of negligence, then your verdict on these claims should be for Dr. Luz Vazquez and the Heart Institute of Port St.”
Jackson v. United States (2006) flmd · cites it 2× “Section 766.111(1), Florida Statutes (2002), provides, in pertinent part that “[n]o health care provider .”
Blackshear, Jr., M. D., P. A., Blackshear, M. D. v. Haynes (2025) fladistctapp · cites it 3× “Haynes sued Blackshear for, among other things, medical negligence (count one) due to the damage to her right kidney and for ordering and administering unnecessary diagnostic tests—specifically the February 15 carotid arteriogram test and March 10 renal vein renin assay—in…”
Blackshear, Jr., M. D., P. A., Blackshear, M. D. v. Haynes (2025) fladistctapp · cites it 3× “Haynes sued Blackshear for, among other things, medical negligence (count one) due to the damage to her right kidney and for ordering and administering unnecessary diagnostic tests—specifically the February 15 carotid arteriogram test and March 10 renal vein renin assay—in…”
— 766.111(1) — 3 cases
Jackson v. United States (2006) flmd “Section 766.111(1), Florida Statutes (2002), provides, in pertinent part that “[n]o health care provider .”
Blackshear, Jr., M. D., P. A., Blackshear, M. D. v. Haynes (2025) fladistctapp “Haynes sued Blackshear for, among other things, medical negligence (count one) due to the damage to her right kidney and for ordering and administering unnecessary diagnostic tests—specifically the February 15 carotid arteriogram test and March 10 renal vein renin assay—in…”
Blackshear, Jr., M. D., P. A., Blackshear, M. D. v. Haynes (2025) fladistctapp “Haynes sued Blackshear for, among other things, medical negligence (count one) due to the damage to her right kidney and for ordering and administering unnecessary diagnostic tests—specifically the February 15 carotid arteriogram test and March 10 renal vein renin assay—in…”
— 766.111(3) — 1 case
Gallagher v. Manatee County (2006) fladistctapp “(2002) (providing with respect to disputes arising under the Condominium Act that "[t]he parties may seek to recover any costs and attorneys' fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 766 matters in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.