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Florida Statute 766.112 - Full Text and Legal Analysis Florida Statute 766.112 | Lawyer Caselaw & Research
Fla. Stat. § 766.112 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
766.112 Comparative fault.—
(1) Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
(2) In an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to s. 768.81 is attributed to a board of trustees of a state university, the court shall enter judgment against the board of trustees on the basis of the board’s percentage of fault and not on the basis of the doctrine of joint and several liability. The sole remedy available to a claimant to collect a judgment or settlement against a board of trustees, subject to the provisions of this subsection, shall be pursuant to s. 768.28.
History.—ss. 79, 80, ch. 88-1; ss. 43, 44, ch. 88-277; s. 32, ch. 91-110; s. 102, ch. 92-33; s. 1, ch. 2002-401; s. 52, ch. 2003-416.

Cases Citing F.S. 766.112

Fla. Stat. § 766.112 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Shands Teaching Hosp. & Clinics v. Sidky, 936 So. 2d 715 (Fla. 4th DCA 2006).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2006 WL 2355290

...Game & Fresh Water Fish Commission, 354 So.2d 362 (Fla.1977). *718 3. Contrary to the allegations of Plaintiff's Complaint, Defendant, [UF] cannot be considered a "joint tortfeasor" with those co-defendants, who reside in Palm Beach County, Florida. Under the provisions of § 766.112(2), Fla....
...use the effect of the defendants' care is interrelated. *719 The trial court held a hearing on the venue motions. Counsel for UF and Shands contended that the joint tortfeasor exception did not apply in the case at bar because under Florida Statutes section 766.112, neither can be considered joint tortfeasors....
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·Shands Teaching Hosp. & Clinics, Inc. v. Sidky, 936 So. 2d 715 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 13643

...Game & Fresh Water Fish Commission, 354 So.2d 362 (Fla.1977). *718 3. Contrary to the allegations of Plaintiffs Complaint, Defendant, [UF] cannot be considered a “joint tortfeasor” with those co-defendants, who reside in Palm Beach County, Florida. Under the provisions of § 766.112(2), Fla....
...e the effect of the defendants’ care is interrelated. *719 The trial court held a hearing on the venue motions. Counsel for UF and Shands contended that the joint tortfeasor exception did not apply in the case at bar because under Florida Statutes section 766.112, neither can be considered joint tortfeasors....
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Cited as authorityNoel (2008)
phrase: "rule_authority"
Cited as authoritySloban (2008)
phrase: "rule_authority"
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This Florida statute resource is curated by Graham W. Syfert, Esq., 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.