CopyCited 130 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 202, 2011 Fla. LEXIS 1027, 2011 WL 1675242
...Hoffman,
589 So.2d 223, 224 (Fla.1991), resolution of medical malpractice claims. See Univ. of Miami v. Wilson,
948 So.2d 774, 777 (Fla. 3d DCA 2006); Wilkinson v. Golden,
630 So.2d 1238, 1239 (Fla. 2d DCA 1994). The legislative purpose is described at length in the statutes. See §
766.201, Fla....
CopyCited 64 times | Published | Supreme Court of Florida | 1996 WL 316134
...ceived a written opinion of an expert "that there appears to be evidence of medical negligence." Section
766.104(2) provides for a ninety-day extension of the statute of limitations "to allow the reasonable investigation required by subsection (1)." Section
766.201(2)(a)1....
...ether the opposing party's claim or denial rests on a reasonable basis." Id. §
766.206(1). [2] If the court finds the claimant's notice of intent to initiate litigation is not in compliance with the reasonable investigation requirements of sections
766.201-.212, the court may dismiss the claim or impose other sanctions, including costs and attorney's fees....
...n of claims, not to deny access to the courts to plaintiffs...." Id. at 838; see also Patry v. Capps,
633 So.2d 9, 11, 13 (Fla.1994); Ragoonanan v. Associates in Obstetrics & Gynecology,
619 So.2d 482, 484 (Fla. 2d DCA 1993) (asserting that sections
766.201 through
766.212 "were not intended to require presuit litigation of all the issues in medical negligence claims nor to deny parties access to the court on the basis of technicalities"); George A....
...etermine whether the opposing party's claim or denial rests on a reasonable basis. (2) If the court finds that the notice of intent to initiate litigation mailed by the claimant is not in compliance with the reasonable investigation requirements of ss. 766.201-766.212, the court shall dismiss the claim, and the person who mailed such notice of intent, whether the claimant or the claimant's attorney, shall be personally liable for all attorney's fees and costs incurred during the investigation an...
CopyCited 39 times | Published | Supreme Court of Florida | 2000 WL 854258
...enacted the Medical Malpractice Act, which contains the voluntary arbitration process at issue in these cases. In adopting the Act, the Legislature adopted the Task Force's recommendations and findings in chapter 88-1, Laws of *969 Florida, [1] and section 766.201, Florida Statutes (Supp.1988). [2] Section 766.201(1) expressly *970 sets forth the Legislature's intent to provide a mechanism for the prompt resolution of medical malpractice claims through mandatory presuit investigation and voluntary binding arbitration of damages. Likewise, section 766.201(2)(b) reveals the Legislature's intent to provide substantial incentives to claimants and defendants to voluntarily submit their cases to binding arbitration....
...and proceed to arbitration. The legislative intent of the Medical Malpractice Act also indicates that the arbitration provisions were enacted to address soaring noneconomic damage awards, rather than the more predictable economic damage awards. See § 766.201....
...lorida which can be alleviated by the adoption of comprehensive legislatively enacted reforms, and WHEREAS, the magnitude of this compelling social problem demands immediate and dramatic legislative action, NOW, THEREFORE, .... (Emphasis added). [2] Section 766.201 provides: (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians....
CopyCited 33 times | Published | Supreme Court of Florida | 1993 WL 152668
...rivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation expenses. The Legislature adopted the Task Force's recommendations and findings in chapter 88-1, Laws of Florida, [12] and section 766.201, Florida *192 Statutes (Supp....
...ty." Moreover, the Legislature made a specific factual finding that "[m]edical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased unavailability of malpractice insurance for some physicians." § 766.201(1)(a)....
...n the State of Florida which can be alleviated by the adoption of comprehensive legislatively enacted reforms, and WHEREAS, the magnitude of this compelling social problem demands immediate and dramatic legislative action, NOW, THEREFORE, ... . [13] Section 766.201, Florida Statutes (Supp....
CopyCited 25 times | Published | Supreme Court of Florida | 2000 WL 283692
...It appears that the Legislature adopted the presuit procedures of chapter 766 based upon a concern about the perceived increase in the amount of medical malpractice claims paid and a perceived corresponding increase in malpractice liability insurance premiums. See § 766.201(1)(b), Fla. Stat. (1997). In section 766.201(2), the Legislature expressly states it was their intent "to provide a plan for prompt resolution of medical negligence claims." Courts have often characterized the legislative intent of the medical malpractice statutory scheme as pro...
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 1993 WL 196317
...eign immunity under section
768.28(9)(a), Florida Statutes (1989). After hearing argument of counsel, the trial court granted these motions and dismissed the complaint without comment. The Ragoonanans filed this timely appeal. The intent of sections
766.201 through
766.212, Florida Statutes (1989), setting forth presuit requirements for medical negligence claims, is to alleviate the high cost of such claims by early determination of the claims' merits and to provide for their prompt resolution. §
766.201, Fla....
CopyCited 16 times | Published | Supreme Court of Florida
...McMillen, The Medical Malpractice Statute of Limitations: Some Answers and Some Questions, Fla. B.J., Feb. 1996, at 44, 47. At the outset, the legislature has made clear its intent regarding medical malpractice lawsuits. That intent and corresponding findings are expressed in section 766.201, Florida Statutes (1989), which provides as follows: (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical ca...
...That filing was well within the repose period, which ended on January 29, 1995. Based on our holding above, Parham's suit is not barred by the medical malpractice statute of repose and, we believe, its continued litigation is consistent with the legislative intent expressed in section 766.201....
...aken." John A. Grant, Florida's Presuit Requirements for Medical Malpractice Actions, Fla. B.J., Feb. 1994, at 12, 18. If that observation is indeed correct, the statutory framework is operating in accordance with the legislative intent expressed in section 766.201....
...ation of fact prevented the discovery of the injury within the 4-year period." However, for purposes of this opinion, we will only consider the four-year repose period because no allegation of fraudulent concealment has been raised in this case. [6] Section
766.201(2) provides that "[p]resuit investigation shall be mandatory and shall apply to all medical negligence claims and defenses." Likewise, section
766.203(2) provides that "[p]rior to issuing notification of intent to initiate medical malpractice litigation pursuant to s....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 3847, 2004 WL 587660
...Angela Apostolico, as personal representative of the Estate of Virgil Apostolico, appeals a final order dismissing with prejudice her wrongful death medical malpractice complaint for failure to comply with the presuit screening requirements of Florida's Medical Malpractice Act, sections 766.201-.212, Florida Statutes (2002)....
...tions despite adequate notice as to the deficiency of its nursing affidavit, her action should be dismissed with prejudice. After a hearing, the trial court concluded that Apostolico failed to comply with the reasonable investigation requirements of section 766.201-.212, Florida Statutes (2002)....
...edical negligence litigation shall be provided by the claimant's submission of a verified written medical expert opinion from a medical expert as defined in s.
766.202(5)...." Section
766.202(5), Florida Statutes (2002), provides that "[a]s used in ss.
766.201-766.212, the term `medical expert' means a person duly and regularly engaged in the practice of his profession who holds a health care professional degree from a university or college and has had special professional training and experienc...
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1993 WL 8994
...Section
766.202(4) defines "investigation" to mean "that an attorney has reviewed the case against each and every potential defendant and has consulted with a medical expert and has obtained a written opinion from said expert." The presuit investigations must be "verifiable," section
766.201(2)(a)....
...When one of the parties files a motion under section
766.206, the trial court must determine whether the opposing party's claim or denial "rests on a reasonable basis" and whether the notice of intent to sue *545 or the response rejecting the claim is "in compliance with the reasonable investigation requirements of ss.
766.201-766.212." If the greater weight of the evidence establishes that the non-moving party did not conduct a "reasonable investigation" and that its notice of intent to sue or response rejecting the claim does not "rest on a reasonable basis," the motion will be granted....
...acting the medical malpractice reforms. We make this observation considering that the Florida Legislature may wish to provide such sanctions as an incentive to the parties to comply with its "plan for prompt resolution of medical negligence claims." Section 766.201(2), Florida Statutes (1989)....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 10454, 2010 WL 2795380
...andard of review on its merits, i.e., whether the trial court departed from the essential requirements of law. The Florida Legislature enacted presuit investigation requirements "to provide a plan for prompt resolution of medical negligence claims." § 766.201(2), Fla....
...Medical malpractice plaintiffs do not have the same common-law rights as do victims of other types of negligence. The presuit requirements, as well as other restrictions, derived from findings made by the Florida Legislature in 1988. See Ch. 88-1, § 48, Laws of Fla. (codified as section 766.201, Florida Statutes (2009))....
...988, the Legislature determined that a dramatic increase in medical malpractice liability insurance premiums had resulted "in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians." § 766.201(1)(a), Fla....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1631086
...1st DCA 1993)(stating that the purpose of reviewing a corroborating affidavit is "to ensure that a claim or denial has been preceded by a `reasonable investigation,' and that it `rests on a reasonable basis'-i.e., `to eliminate frivolous claims and defenses'")(quoting § 766.201(2)(a)1, Fla....
...rated, mandating elimination of the claim against her from this suit. See §
766.206(2), Fla. Stat. (2002) (authorizing dismissal of actions predicated on notices of intent not in compliance with the reasonable investigation requirements of sections
766.201 through
766.212); §
766.203(2), Fla....
...ractice claims in the state ... by requiring early determination of the merit of claims .... [by means of] reasonable investigation preced[ing] ... malpractice claims." Musculoskeletal Inst. Chartered v. Parham,
745 So.2d 946, 949 (Fla.1999)(quoting §
766.201, Fla....
CopyCited 10 times | Published | Supreme Court of Florida
...at 32 (Lewis, J., dissenting). [2] The Legislature expressly found that "[t]he recovery of 100 percent of economic losses constitutes overcompensation because such recovery fails to recognize that such awards are not subject to taxes on economic damages." § 766.201(1)(e), Fla....
CopyCited 8 times | Published | Supreme Court of Florida
2011) (citation omitted); see §
766.201(2), Fla. Stat. (2011) ("It is the intent of the
CopyCited 8 times | Published | Supreme Court of Florida | 2000 WL 422873
...The First District then concluded that the "legislature's choice to exclude from such right adult children of persons who wrongfully died as a result of medical malpractice bears a rational relationship to the legitimate state interests of limiting increases in medical insurance costs. See § 766.201(1), Fla....
...lity of health care during the passage of section
768.21. [3] Legislators expressly linked the exclusion of adult children of medical malpractice decedents contained in section
768.21(8) to the health care crisis rationale expressed in section *1043
766.201....
...Finally, regardless of the constitutional question, I urge the Legislature to reconsider this exclusion and provide to adult children of parents who die as a result of medical malpractice the same rights afforded to the victims of every other tort action. QUINCE, J., concurs. NOTES [1] As adopted in 1988, section 766.201(1), Florida Statutes (1995), provides in pertinent part: (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased costs...
CopyCited 6 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 416, 2013 WL 3064807, 2013 Fla. LEXIS 1222
...e frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation expenses. The Legislature adopted the Task Force’s recommendations and findings in chapter 88-1, Laws of Florida, and section 766.201, Florida Statutes (Supp.1988)....
...Moreover, the Legislature made a specific factual finding that “[m]edieal malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased unavailability of malpractice insurance for some physicians.” § 766.201(l)(a)....
...We have previously stated that “[t]he arbitration provisions were enacted to provide ‘[Substantial incentives for both claimants and defendants to submit their cases to binding arbitration, thus reducing attorneys’ fees, litigation costs, and delay.’ ” Chester v. Doig,
842 So.2d 106, 107 (Fla.2003) (quoting §
766.201(2)(b), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1993 WL 210583
...*1051 WEBSTER, Judge. Appellant, as personal representative of the estate of Julia Wolfsen, seeks review of an order dismissing medical negligence claims made against appellees, for noncompliance with the "reasonable investigation requirements" of sections 766.201-.206, Florida Statutes (1989)....
...nce," as contemplated by section
766.203(2), Florida Statutes (1989). The trial court accepted this argument, over Wolfsen's response that the critical question was whether a "reasonable investigation" had been conducted, as contemplated by sections
766.201-.206, and that the requirement of corroborating affidavits from medical *1053 experts was merely one part of the investigation....
...ient to shift to the doctor the burden to show compliance with the statutory "reasonable investigation requirements"; and that the doctor had failed to offer any evidence that any investigation of any sort had been performed, as required by sections 766.201-.206, Florida Statutes (1989), before the response denying negligence was issued....
...he trial court must determine whether the opposing party's claim or denial "rests on a reasonable basis" and whether the notice of intent to sue or the response rejecting the claim is "in compliance with the reasonable investigation requirements of ss. 766.201-766.212." If the greater weight of the evidence establishes that the non-moving party did not conduct a "reasonable investigation" and that its notice of intent to sue or response rejecting the claim does not "rest on a reasonable basis," the motion will be granted....
...te litigation were mailed; and that the claims "rest[ed] on a reasonable basis." In making that determination, the trial court would have been *1055 obliged, pursuant to Duffy and Williams, to consider any relevant evidence. For purposes of sections
766.201-.206, "`[i]nvestigation' means that an attorney has reviewed the case against each and every potential defendant and has consulted with a medical expert and has obtained a written opinion from said expert." §
766.202(4), Fla....
...The trial court found it unnecessary to consider the proffer made by Wolfsen's attorney. Having carefully considered that proffer, we are of the opinion that no reasonable person could conclude that the evidence presented was not sufficient to satisfy the "reasonable investigation requirements" of sections
766.201-.206; and to establish that the claim against appellees "rest[ed] on a reasonable basis." For the reasons expressed in this opinion, we reverse and remand with directions that the trial court reinstate the claims against appellees. In conclusion, we emphasize that if the provisions of sections
766.201-.212 are "not to be allowed to impinge upon plaintiffs' right of access to the courts, [those sections] must be construed as imposing on plaintiffs only reasonable and limited duties, for a limited time, before allowing them to file suit in courts of this state." Williams,
619 So.2d at 983 (footnote omitted)....
...ally or factually, of medical negligence claims. Its only purpose is to ensure that a claim or denial has been preceded by a "reasonable investigation," and that it "rests on a reasonable basis" i.e., "to eliminate frivolous claims and defenses." § 766.201(2)(a)1., Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1995 WL 715489
...witness a minimum of nine times. Following a hearing, the trial court determined that Dr. Gardner was not a qualified medical expert and therefore the notice of intent was not in compliance with the reasonable investigation requirements of sections 766.201-766.212....
...s to dismiss on this ground. In arriving at this decision, we are aware of the statutory intent of the presuit investigation requirements, which is to alleviate the high costs of medical malpractice claims and to provide for their prompt resolution. § 766.201....
...FRANK, A.C.J., and WHATLEY, J., concur. NOTES [1] Section
766.206(2), Florida Statutes (1991), provides, "[i]f the court finds that the notice of intent to initiate litigation mailed by the claimant is not in compliance with the reasonable investigation requirements of ss.
766.201-766.212, the court shall dismiss the claim...." [2] Section
766.206(5)(b), Florida Statutes (1991), permits the court to refuse to consider the opinion of a medical expert "who has been disqualified three times pursuant to this section." The record contains no evidence that Dr....
CopyCited 5 times | Published | Supreme Court of Florida
...er 766, Florida Statutes, before
filing a medical malpractice suit, which includes conducting “an investigation to
ascertain that there are reasonable grounds to believe” that medical malpractice
occurred. Id. §
766.203(2); see generally id. §
766.201-.212....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...[4] Because of the death of the patient, the Wrongful Death Act requires that the action be brought by the personal representative of her estate. That happens to be her surviving husband, who in turn has claims on behalf of himself and her four surviving children. The written agreement to arbitrate pursuant to section 766.201, Florida Statutes, states that: "The following part ies have consented to the subject arbitration: CHARLES PHILLIPE, Individually and as statutory survivor and as Personal Representative of the Estate of JUSLIN PHILLIPE, deceased, and all statutory survivors of JUSLIN PHILLIPE, deceased....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...88-1, §§ 54-59, at 169-73, Laws of Fla.; ch. 88-277, §§ 30-35, at 1476-82, Laws of Fla. Those provisions were subsequently codified as sections
766.207 through
766.212, Florida Statutes (1993). While the motivation for enactment of those provisions is explained in section
766.201(2)(b), no reference is made to the provisions regarding admission of liability and voluntary binding arbitration of damages already set forth in section
766.106, or to the intended interplay, if any, between section
766.106 and sections
766.207 through
766.212. Section
766.201(2)(b) reads, in relevant part: (2) It is the intent of the Legislature to provide a plan for prompt resolution of medical negligence claims....
...d render a final decision. The chief arbitrator shall decide all evidentiary matters. .... (9) The Division of Administrative Hearings is authorized to promulgate rules to effect the orderly and efficient processing of the arbitration procedures of ss. 766.201-766.212....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1991 WL 98016
...e for Review of Insurance and Tort Systems [11] concerning Florida's medical malpractice crisis. The legislature announced the purpose of the legislation in the preamble to chapter 88-1 (amended and reenacted Ch. 88-277, Laws of Florida) [12] and in section 766.201, Florida Statutes (Supp....
...The legislature found that caps provide an incentive for defendants to admit liability and to arbitrate damages thereby decreasing such costs. [23] Although the Task Force found that the "high-end awards are a substantial cause of the increase in paid losses," Medical Malpractice Recommendations, at 26; see § 766.201(1)(b), it failed to differentiate between economic and noneconomic damage awards....
...te or accept a claimant's offer to arbitrate without the written consent of the defendant. (9) The Division of Administrative Hearings is authorized to promulgate rules to effect the orderly and efficient processing of the arbitration procedures of ss. 766.201-766.212....
...ce crisis exists in the State of Florida which can be alleviated by the adoption of comprehensive legislatively enacted reforms, and WHEREAS, the magnitude of this compelling social problem demands immediate and dramatic legislative action... . [13] Section 766.201, Florida Statutes (Supp....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...We find that the statute's disparate treatment of medical malpractice wrongful deaths does bear a rational relationship to the legitimate state interest of ensuring the accessibility of medical care to Florida residents by curtailing the skyrocketing medical malpractice insurance premiums in Florida. See § 766.201(1), Fla....
...premiums on medical costs to patients; its investigation revealed a crisis in the cost of medical care in Florida. The Task Force's findings were incorporated into a 1988 change to Florida's medical malpractice statutes [5] , specifically enacted as section 766.201, which states: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians .... (c) The average cost of defending a medical malpractice claim has escalated in the past decade to the point where it has become imperative to control such cost in the interest of the public need for quality medical services. § 766.201, Fla....
...entsduring the passage of section
768.21 of the Wrongful Death Act. The exclusion of adult children of persons whose death had been caused by medical malpractice, contained in subsection (8), was expressly linked to the same rationale expressed in section
766.201, cited above....
...Therefore, the rational basis analysis we apply to appellants' claim would likewise apply to a substantive due process claim. [4] A fundamental right is one flowing from either the federal or Florida constitution. See De Ayala,
543 So.2d at 206 (Fla. 1989). Wrongful death damages are clearly not such a right. [5] Sections
766.201 through
766.212, Florida Statutes.
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 422317
...The legislature's choice to exclude from such right adult children of persons who wrongfully died as a result of medical malpractice bears a rational relationship to the legitimate state interests of limiting increases in medical insurance costs. See § 766.201(1), Fla....
...United Sec. Serv.,
314 So.2d 765 (Fla.1975). [3] We address the constitutional challenge to section
768.21(8), Florida Statutes (1991), because of the reasonable possibility that on remand the question of damages will be addressed. [4] As adopted in 1988, section
766.201(1), Florida Statutes (1995), provides in pertinent part: (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased costs...
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 1228010
...and promote the prompt resolution of valid claims. The Legislature expressed its intent to "provide a plan for prompt resolution of medical negligence claims," which plan consists "of two separate components, presuit investigation and arbitration." § 766.201(2), Fla....
...s (1999). [3] The pre-suit investigation provisions require "that reasonable investigation precede both malpractice claims and defenses in order to eliminate frivolous claims and defenses" and it also provides for "medical corroboration procedures." § 766.201(2)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10357, 2010 WL 2882443
...In chapter 766, there is a "complex presuit investigation procedure that both the claimant and defendant must follow before a medical negligence claim may be brought in court." Kukral v. Mekras,
679 So.2d 278, 280 (Fla.1996). This chapter, and specifically section
766.201, "expressly sets forth the Legislature's intent to provide a mechanism for the prompt resolution of medical malpractice claims through mandatory presuit investigation and voluntary binding arbitration of damages." St....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 539833
...Concluding that as the procedures under the act do not involve the rendering of medical services, the plaintiff was not required to comply with the medical malpractice act's screening requirements. The purpose of the malpractice reform legislation was "to provide a plan for prompt resolution of medical negligence claims." §
766.201(2), Fla. Stat. (1993) (emphasis added). The Act does not address claims of intentional misconduct. We also note that the pre-suit investigation which is part of that plan, §
766.201(2)(a), is specifically geared to the investigation of medical negligence claims, §
766.203, and that pre-suit discovery provisions apply to cases in which there are grounds for a "claim of negligent injury," §
766.205(1) (emphasis added)...
CopyCited 2 times | Published | Supreme Court of Florida | 2003 WL 1338990
...t to provide a mechanism for the prompt resolution of medical malpractice claims through mandatory presuit investigation and voluntary binding arbitration of damages." St. Mary's Hospital, Inc. v. Phillipe,
769 So.2d 961, 969-70 (Fla.2000); see also §
766.201(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 430003
...vestigatory procedure for both plaintiffs and blood banks, even though the action does not involve treatment and care by the blood bank. The presuit notice can be sent only after plaintiff complies with the "reasonable investigation requirements of ss.
766.201-766.212." §
766.206(2); see also §
766.106(2)....
...nd prompt resolution of claims, not to deny access to the courts ...." Weinstock,
629 So.2d at 838 (citing Ragoonanan v. Associates in Obstetrics & Gynecology,
619 So.2d 482 (Fla. 2d DCA 1993)) (emphasis supplied); see also Kukral,
679 So.2d at 284; §
766.201....
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 625, 2016 WL 7406537, 2016 Fla. LEXIS 2718
...Moreover, the Legislature made a specific factual finding that “[mjedical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased unavailability of malpractice insurance for some physicians.” § 766.201(l)(a)....
...Crespo and Petitioners, contravene the “ ‘substantial incentives for both claimants and defendants to submit their cases to binding arbitration’ ” which “[t]he arbitration provisions were enacted to provide.” Chester v. Doig,
842 So.2d 106, 107 (Fla. 2003) (quoting §
766.201(2)(b), Fla. Stat. (1997)). The MMA statutory scheme was enacted with the explicit goal of “reducing attorney’s fees, litigation costs, and delay” caused by terms favorable to one party like those in the agreement in this case. §
766.201(2)(b), Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 10705, 2011 WL 2084069
...at 2102 (quotation marks omitted).
In enacting the statutory cap, the Florida legislature reported that a recent,
dramatic increase in medical malpractice liability insurance premiums had
increased the cost of medical care and decreased the availability of malpractice
insurance. See Fla. Stat. § 766.201(1)(a)....
...The legislature observed that “[t]he
primary cause of increased medical malpractice liability insurance premiums has
been the substantial increase in loss payments to claimants caused by tremendous
increases in the amounts of paid claims.” Id. § 766.201(1)(b). The legislature
created the statutory cap on noneconomic damages in an effort to make
malpractice insurance easier to obtain and reduce the cost of medical care. See id.
§ 766.201(1).
Plaintiffs argue that the statutory cap lacks a rational basis because the
Florida legislature “had no objective, factual basis for believing” that a cap on
noneconomic damages for medical malpractice claims would reduce the cost of
medical malpractice insurance....
...Federal Rule of Appellate Procedure 36, a copy of the internet materials cited in this opinion is
available at the Eleventh Circuit Court of Appeal’s Clerk’s Office.
14
premiums and health care. See Fla. Stat. § 766.201....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 2514, 2005 WL 475549
...ellee, Dr. Griff. Attached to the complaint was a copy of the notice of intent to initiate litigation for medical malpractice, previously sent to the appellees, and the affidavit of Walter E. Afield, M.D., a board certified psychiatrist, pursuant to section 766.201, Florida Statutes....
CopyCited 1 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933
...oices.” Beach Commc’ns, Inc.,
508
U.S. at 313. The legislature identified a legitimate governmental
purpose in passing the statutory cap, namely to reduce the cost of
medical malpractice premiums and health care. See Fla. Stat. §
766.201....
...lature made a specific factual finding that
‘[m]edical malpractice liability insurance premiums have increased dramatically in
recent years, resulting in increased unavailability of malpractice insurance for
some physicians.’ ” Id. (quoting § 766.201(1)(a))....
CopyCited 1 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 64, 2004 Fla. LEXIS 185, 2004 WL 252036
...on the definition of "net accumulations," found in the Wrongful Death Act, see §
768.21(6)(a), Fla. Stat. (2002), directly and expressly conflicts with this Court's decision in St. Mary's Hospital. [3] ANALYSIS The Medical Malpractice Act, sections
766.201 through
766.212, Florida Statutes (2002), was enacted in 1988, see ch....
...and proceed to arbitration. The legislative intent of the Medical Malpractice Act also indicates that the arbitration provisions were enacted to address soaring noneconomic damage awards, rather than the more predictable economic damage awards. See § 766.201....
...For the foregoing reasons, I respectfully dissent. NOTES [1] For the purposes of this opinion and consistent with our previous decisions in St. Mary's Hospital and Chester v. Doig,
842 So.2d 106 (Fla.2003), "Medical Malpractice Act" refers to sections
766.201 through
766.212, Florida Statutes (2002)....
CopyPublished | District Court of Appeal of Florida | 1997 WL 611526
...The legislature’s choice to exclude from such right adult children of persons who wrongfully died as a result of medical malpractice bears a rational relationship to the legitimate state interests of limiting increases in medical insurance costs. See § 766.201(1), Fla....
...Stat.; see Martin v. United Sec. Serv.,
314 So.2d 765 (Fla.1975). . We address the constitutional challenge to section
768.21(8), Florida Statutes (1991), because of the reasonable possibility that on remand the question of damages will be addressed. . Section
766.201(1), Florida Statutes (1995), provides in pertinent part: (1) The Legislature makes the following findings: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased costs...
CopyPublished | Florida 5th District Court of Appeal
...Section
766.102(5)-(9) specifically outlines the requirements for who may
qualify to give standard of care testimony dependent upon who
allegedly committed the negligence, i.e., the sufficiency of the
presuit affidavit. The new rule does not purport to cover the full
range of statutes [§§
766.201-.212, .1065] under which a motion to
dismiss may be filed pursuant to section
766.206(2), Florida
Statutes....
...United States 157-58 (1833), quoted in Scalia & Garner,
Reading Law at 69).
308 So. 3d at 946–47 (alterations in original).
The Legislature specifically stated and codified its intent in
creating the MMA, which is the “public policy” of the State of
Florida. 2 Section
766.201(1)(a)-(b) details the Legislature’s
2 The Florida Supreme Court has expressly recognized the
MMA as a legislative statement of public policy....
...some physicians, and increased care costs to patients. Noting “the
public need for quality medical services” and that “[t]he high cost
of medical negligence claims in the state can be substantially
alleviated by requiring early determination of the merit of claims,”
§ 766.201(1)(c)-(d), Fla....
...(a) Presuit investigation shall include:
1. Verifiable requirements that reasonable investigation
precede both malpractice claims and defenses in order to
eliminate frivolous claims and defenses.
2. Medical corroboration procedures.
§ 766.201(2), Fla....
...At the conclusion of that process, either before or
after suit is filed, section
766.206 provides a process by which that
participation may be challenged. A finding that either party did
not comply with the reasonable investigation requirements of
sections
766.201-.212 has mandatory consequences and potential
sanctions....
...the opposing party’s claim or denial rests on a reasonable
basis.
(2) If the court finds that the notice of intent to
initiate litigation mailed by the claimant does not
comply with the reasonable investigation
requirements of ss. 766.201-766.212, including a
review of the claim and a verified written medical
expert opinion by an expert witness as defined in
s....
...2002). When viewed in its context,
the legislature made itself clear: the two-step presuit investigation
process is mandatory to bring a medical negligence lawsuit in this
state, and failure to participate in that process requires dismissal.
See §§ 766.201, .206, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...at 2102 (quotation marks omitted).
In enacting the statutory cap, the Florida legislature reported that a recent,
dramatic increase in medical malpractice liability insurance premiums had
increased the cost of medical care and decreased the availability of malpractice
insurance. See Fla. Stat. § 766.201(1)(a)....
...The legislature observed that “[t]he
primary cause of increased medical malpractice liability insurance premiums has
been the substantial increase in loss payments to claimants caused by tremendous
increases in the amounts of paid claims.” Id. § 766.201(1)(b). The legislature
created the statutory cap on noneconomic damages in an effort to make
malpractice insurance easier to obtain and reduce the cost of medical care. See id.
§ 766.201(1).
Plaintiffs argue that the statutory cap lacks a rational basis because the
Florida legislature “had no objective, factual basis for believing” that a cap on
noneconomic damages for medical malpractice claims would reduce the cost of
medical malpractice insurance....
...Federal Rule of Appellate Procedure 36, a copy of the internet materials cited in this opinion is
available at the Eleventh Circuit Court of Appeal’s Clerk’s Office.
14
premiums and health care. See Fla. Stat. § 766.201....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5342
enactment of those provisions is explained in section
766.201(2)(b), no reference is made to the provisions
CopyPublished | Florida 6th District Court of Appeal
...Muniz,
252 So. 3d 1143,
4
1155–56 (Fla. 2018); Riggenbach v. Rhodes,
267 So. 3d 551, 554 (Fla. 5th DCA
2019). The purpose of the presuit process is “the prompt resolution of medical
negligence claims.” §
766.201(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 6703, 2004 WL 1074113
...judication of medical malpractice cases to be fast and cheap, Torrey at 546 , the Torrey panel may have said too little- about the legislature’s other goals— to determine which claims do have merit and to preserve the right of trial by jury. See § 766.201(l)(b), Fla....
CopyPublished | District Court of Appeal of Florida
by decreasing the costs of defending claims. §
766.201(1), Fla. Stat. (2020); see also Univ. of Miami
CopyPublished | Florida 4th District Court of Appeal
...and its plain meaning.” Trinidad v. Fla. Peninsula Ins. Co.,
121 So. 3d 433,
439 (Fla. 2013).
Chapter 766 establishes a voluntary binding arbitration process for
potential medical malpractice claims. The Legislature set forth its intent
in establishing arbitration in section
766.201(2)(b), which states:
Arbitration shall provide:
1. Substantial incentives for both claimants and defendants
to submit their cases to binding arbitration, thus reducing
attorney’s fees, litigation costs, and delay.
§
766.201(2)(b), Fla....
...g and agree with the trial court’s
conclusion that the statute authorizes the assessment of prejudgment
interest on all damages from the date the defendant rejects arbitration.
Otherwise, we would not effectuate the legislative intent expressed in
section 766.201(2)(b) to incentivize arbitration.
Conclusion
As set forth in this opinion, we affirm the final judgment, except for the
award of non-economic damages to the surviving daughter....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 3493, 2011 WL 891941
...il cause of action for violations of those rights. See e.g. §
400.023, Fla. Stat. The medical negligence provisions in Chapter 766, on the other hand, were enacted in response to a dramatic increase in the cost of medical malpractice insurance, see section
766.201, Florida Statutes, which the supreme court described in University of Miami v....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
1998). 8 Section
766.201(1)(a), Fla. Stat. 9 Section
766.201(1)(c), Fla. Stat. 10 Section
766.201(2), Fla
CopyPublished | Florida 3rd District Court of Appeal | 1998 Fla. App. LEXIS 8137, 1998 WL 374956
...We find that the statute’s disparate treatment of medical malpractice wrongful deaths does bear a rational relationship to the legitimate state interest of ensuring the accessibility of medical care to Florida residents by curtailing the skyrocketing medical malpractice insurance premiums in Florida. See § 766.201(1), Fla....
...miums on medical costs to patients; its investigation revealed a crisis in the cost of medical care in Florida. The Task Force’s findings were incorporated into a 1988 change, to Florida’s medical malpractice statutes 5 , specifically enacted as section 766.201, which states: (a) Medical malpractice liability insurance premiums have increased dramatically in recent years, resulting in increased medical care costs for most patients and functional unavailability of malpractice insurance for some physicians .... (c) The average cost of defending a medical malpractice claim has escalated in the past decade to the point where it has become imperative to control such cost in the interest of the public need for quality medical services. § 766.201, Fla....
...s — during the passage of section
768.21 of the Wrongful Death Act. The exclusion of adult children of persons whose death had been caused by medical malpractice, contained in subsection (8), was expressly linked to the same rationale expressed in section
766.201, cited above....
...Therefore, the rational basis analysis we apply to appellants' claim would likewise apply to a substantive due process claim. .A fundamental right is one flowing from either the federal or Florida constitution. See De Ayala,
543 So.2d at 206 (Fla.1989). Wrongful death damages are clearly not such a right. . Sections
766.201 through
766.212, Florida Statutes.
CopyPublished | Supreme Court of Florida
...nd as a hospitalist).
- 18 -
enacting the presuit requirements of the Medical Malpractice Act,
the Legislature elected to treat differently the burden of defending
against meritless medical negligence claims. See § 766.201(2), Fla.
Stat....
CopyPublished | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008
are not subject to taxes on economic damages.” §
766.201(l)(e), Fla. Stat. (2003). . It should also be
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 126, 2003 Fla. LEXIS 164, 2003 WL 252142
...See §§
766.207-766.212, Fla. Stat. (1997). The arbitration provisions were enacted to provide “[s]ubstantial incentives for both claimants and defendants to submit their cases to binding arbitration, thus reducing attorneys’ fees, litigation costs, and delay.” §
766.201(2)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 2000 Fla. App. LEXIS 16925, 2000 WL 1879102
...d to any notice of claim or intent or to any response rejecting a claim lacked reasonable investigation, the court shall report the medical expert issuing such corroborating opinion to the Division of Medical Quality Assurance or its designee. . See § 766.201(2), Fla....
