Florida Statute 766.201 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.201

766.201 Legislative findings and intent.—

(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.

(b) The 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.

(c) The average cost of a medical negligence claim has escalated in the past decade to the point where it has become imperative to control such cost in the interests of the public need for quality medical services.

(d) The high cost of medical negligence claims in the state can be substantially alleviated by requiring early determination of the merit of claims, by providing for early arbitration of claims, thereby reducing delay and attorney’s fees, and by imposing reasonable limitations on damages, while preserving the right of either party to have its case heard by a jury.

(e) The 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.

(2) It is the intent of the Legislature to provide a plan for prompt resolution of medical negligence claims. Such plan shall consist of two separate components, presuit investigation and arbitration. Presuit investigation shall be mandatory and shall apply to all medical negligence claims and defenses. Arbitration shall be voluntary and shall be available except as specified.

(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.

(b) 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.

2. A conditional limitation on noneconomic damages where the defendant concedes willingness to pay economic damages and reasonable attorney’s fees.

3. Limitations on the noneconomic damages components of large awards to provide increased predictability of outcome of the claims resolution process for insurer anticipated losses planning, and to facilitate early resolution of medical negligence claims.

History.—s. 48, ch. 88-1; s. 57, ch. 2003-416.

F.S. 766.201 on Google Scholar

F.S. 766.201 on CourtListener

Amendments to 766.201

Annotations, Discussions, Cases:

Cases Citing Statute 766.201

Total Results: 50

Williams v. Oken

62 So. 3d 1129, 36 Fla. L. Weekly Supp. 202, 2011 Fla. LEXIS 1027, 2011 WL 1675242

Supreme Court of Florida | Filed: May 5, 2011 | Docket: 2360888

Cited 130 times | Published

purpose is described at length in the statutes. See § 766.201, Fla. Stat. (2005). Perhaps the greatest impact

Kukral v. Mekras

679 So. 2d 278, 1996 WL 316134

Supreme Court of Florida | Filed: Jun 13, 1996 | Docket: 1665987

Cited 64 times | Published

investigation required by subsection (1)." Section 766.201(2)(a)1. also provides that a reasonable investigation

St. Mary's Hospital, Inc. v. Phillipe

769 So. 2d 961, 2000 WL 854258

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 2517725

Cited 39 times | Published

*969 Florida,[1] and section 766.201, Florida Statutes (Supp.1988).[2] Section 766.201(1) expressly *970

University of Miami v. Echarte

618 So. 2d 189, 1993 WL 152668

Supreme Court of Florida | Filed: May 13, 1993 | Docket: 405771

Cited 33 times | Published

in chapter 88-1, Laws of Florida,[12] and section 766.201, Florida *192 Statutes (Supp. 1988).[13] The

Hankey v. Yarian

755 So. 2d 93, 2000 WL 283692

Supreme Court of Florida | Filed: Mar 16, 2000 | Docket: 1699332

Cited 25 times | Published

insurance premiums. See § 766.201(1)(b), Fla. Stat. (1997). In section 766.201(2), the Legislature expressly

Ragoonanan v. Assocs. in Obstetrics & Gynecology

619 So. 2d 482, 1993 WL 196317

District Court of Appeal of Florida | Filed: Jun 11, 1993 | Docket: 1381989

Cited 18 times | Published

merits and to provide for their prompt resolution. § 766.201, Fla. Stat. (1989). These provisions were not

Musculoskeletal Institute v. Parham

745 So. 2d 946

Supreme Court of Florida | Filed: Mar 11, 1999 | Docket: 352781

Cited 16 times | Published

and corresponding findings are expressed in section 766.201, Florida Statutes (1989), which provides as

Apostolico v. Orlando Regional Health Care System, Inc.

871 So. 2d 283, 2004 Fla. App. LEXIS 3847, 2004 WL 587660

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1300574

Cited 13 times | Published

the reasonable investigation requirements of section 766.201-.212, Florida Statutes (2002). Specifically

Duffy v. Brooker

614 So. 2d 539, 1993 WL 8994

District Court of Appeal of Florida | Filed: Jan 21, 1993 | Docket: 1509854

Cited 13 times | Published

presuit investigations must be "verifiable," section 766.201(2)(a). Section 766.203(2) also requires the

Baptist Medical Center of the Beaches, Inc. v. Rhodin

40 So. 3d 112, 2010 Fla. App. LEXIS 10454, 2010 WL 2795380

District Court of Appeal of Florida | Filed: Jul 16, 2010 | Docket: 1666945

Cited 12 times | Published

prompt resolution of medical negligence claims." § 766.201(2), Fla. Stat. (2009); see Cohen v. Dauphinee

Largie v. Gregorian

913 So. 2d 635, 2005 WL 1631086

District Court of Appeal of Florida | Filed: Jul 13, 2005 | Docket: 1698277

Cited 11 times | Published

eliminate frivolous claims and defenses'")(quoting § 766.201(2)(a)1, Fla. Stat. (1989)). The expert opinion

Advisory Op. to Atty. Gen. Re Comp. Amend.

880 So. 2d 675

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1689296

Cited 10 times | Published

are not subject to taxes on economic damages." § 766.201(1)(e), Fla. Stat. (2003). [3] It should also

Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D.

252 So. 3d 1143

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813516

Cited 8 times | Published

2011) (citation omitted); see § 766.201(2), Fla. Stat. (2011) ("It is the intent of the

Mizrahi v. North Miami Medical Center, Ltd.

761 So. 2d 1040, 2000 WL 422873

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1300133

Cited 8 times | Published

limiting increases in medical insurance costs. See § 766.201(1), Fla. Stat. (1995)."[1]Id. at 210.[2] In support

Franks v. Bowers

116 So. 3d 1240, 38 Fla. L. Weekly Supp. 416, 2013 WL 3064807, 2013 Fla. LEXIS 1222

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232304

Cited 6 times | Published

either party to have its case heard by a jury. § 766.201(1)(a)-(d), Fla. Stat. (2012) (emphasis added)

Faber v. Wrobel

673 So. 2d 871, 1995 WL 715489

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1671343

Cited 6 times | Published

claims and to provide for their prompt resolution. § 766.201. However, the statutory provisions "[w]ere not

Faber v. Wrobel

673 So. 2d 871, 1995 WL 715489

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1671343

Cited 6 times | Published

claims and to provide for their prompt resolution. § 766.201. However, the statutory provisions "[w]ere not

Wolfsen v. Applegate

619 So. 2d 1050, 1993 WL 210583

District Court of Appeal of Florida | Filed: Jun 18, 1993 | Docket: 1381557

Cited 6 times | Published

"to eliminate frivolous claims and defenses." § 766.201(2)(a)1., Fla. Stat. (1989) (emphasis added). We

The National Deaf Academy, LLC, etc. v. Denise Townes, etc.

242 So. 3d 303

Supreme Court of Florida | Filed: Apr 26, 2018 | Docket: 6376661

Cited 5 times | Published

203(2); see generally id. § 766.201-.212. The restrictions that chapter 766 places

Pavolini v. Bird

769 So. 2d 410, 2000 WL 1228010

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1476617

Cited 4 times | Published

components, presuit investigation and arbitration." § 766.201(2), Fla. Stat. (1999). Pre-suit investigation

Stewart v. Price

718 So. 2d 205, 1998 WL 422317

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1515133

Cited 4 times | Published

limiting increases in medical insurance costs. See § 766.201(1), Fla. Stat. (1995).[4] Chapter 90-14 closed

Mizrahi v. NORTH MIAMI MED. CENTER, LTD.

712 So. 2d 826

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 1471901

Cited 4 times | Published

malpractice insurance premiums in Florida. See § 766.201(1), Fla. State. (1995). Obviously, these escalating

St. Mary's Hosp., Inc. v. Phillipe

699 So. 2d 1017

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 1693937

Cited 4 times | Published

written agreement to arbitrate pursuant to section 766.201, Florida Statutes, states that: "The following

TALLAHASSEE MEM. REG. MED. v. Kinsey

655 So. 2d 1191

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 1327282

Cited 4 times | Published

enactment of those provisions is explained in section 766.201(2)(b), no reference is made to the provisions

University of Miami v. Echarte

585 So. 2d 293, 1991 WL 98016

District Court of Appeal of Florida | Filed: Jun 11, 1991 | Docket: 369293

Cited 4 times | Published

reenacted Ch. 88-277, Laws of Florida)[12] and in section 766.201, Florida Statutes (Supp. 1988).[13]*297 The

Gordon v. Shield

41 So. 3d 931, 2010 Fla. App. LEXIS 10357, 2010 WL 2882443

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 2396869

Cited 3 times | Published

(Fla.1996). This chapter, and specifically section 766.201, "expressly sets forth the Legislature's intent

Eileen Hernandez, M.D. v. Lualhati Crespo

211 So. 3d 19, 41 Fla. L. Weekly Supp. 625, 2016 WL 7406537, 2016 Fla. LEXIS 2718

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556948

Cited 2 times | Published

malpractice insurance for some physicians.” § 766.201(1)(a). The Legislature’s factual and policy

Walker v. Virginia Ins. Reciprocal

842 So. 2d 804, 2003 WL 1338990

Supreme Court of Florida | Filed: Mar 20, 2003 | Docket: 1730419

Cited 2 times | Published

Phillipe, 769 So.2d 961, 969-70 (Fla.2000); see also § 766.201(2), Fla. Stat. (1997) ("It is the intent of the

Community Blood Centers v. Damiano

697 So. 2d 948, 1997 WL 430003

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777526

Cited 2 times | Published

supplied); see also Kukral, 679 So.2d at 284; § 766.201. The presuit procedures were intended to be a

Paulk v. National Medical Enterprises

679 So. 2d 1289, 1996 WL 539833

District Court of Appeal of Florida | Filed: Sep 25, 1996 | Docket: 1187865

Cited 2 times | Published

prompt resolution of medical negligence claims." § 766.201(2), Fla. Stat. (1993) (emphasis added). The Act

Estate of Michelle Evette McCall v. United States

134 So. 3d 894, 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 402403

Cited 1 times | Published

malpractice premiums and health care. See Fla. Stat. § 766.201. The means that Florida chose, a per incident

Estate of Michelle Evette McCall v. United States

642 F.3d 944, 2011 U.S. App. LEXIS 10705, 2011 WL 2084069

Court of Appeals for the Eleventh Circuit | Filed: May 27, 2011 | Docket: 1778405

Cited 1 times | Published

malpractice insurance. See Fla. Stat. § 766.201(l)(a). The legislature observed that “[tjhe primary

DeCristo v. Columbia Hospital Palm Beaches, Ltd.

896 So. 2d 909, 2005 Fla. App. LEXIS 2514, 2005 WL 475549

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 64836890

Cited 1 times | Published

board certified psychiatrist, pursuant to section 766.201, Florida Statutes. In his affidavit, Dr. Afield

Barlow v. North Okaloosa Medical Center

877 So. 2d 655, 29 Fla. L. Weekly Supp. 64, 2004 Fla. LEXIS 185, 2004 WL 252036

Supreme Court of Florida | Filed: Feb 12, 2004 | Docket: 1684495

Cited 1 times | Published

more predictable economic damage awards. See § 766.201. If the Legislature intended for the Wrongful

PHENGSANITH PRADAXAY v. JAMES ERASMUS KENDRICK, IV, M.D., FLORIDA HOSPITAL MEDICAL GROUP, INC. D/B/A ADVENTHEALTH

District Court of Appeal of Florida | Filed: May 17, 2024 | Docket: 68313507

Published

prompt resolution of medical negligence claims.” § 766.201(2), Fla. Stat. (2021). The Florida Supreme Court

Piero Palacios v. Sharnice Lawson

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313537

Published

by decreasing the costs of defending claims. § 766.201(1), Fla. Stat. (2020); see also Univ. of Miami

ADVENTIST HEALTH SYSTEM/SUNBELT, INC. D/B/A FLORIDA HOSPITAL ALTAMONTE AND WILLIAM HUETHER, III, M.D. vs SALLY MACHALEK AND MATTHEW APTER, M.D.

District Court of Appeal of Florida | Filed: Oct 6, 2023 | Docket: 68034155

Published

“public policy” of the State of Florida. 2 Section 766.201(1)(a)-(b) details the Legislature’s

University of Florida Board of Trustees v. Laurie Carmody

Supreme Court of Florida | Filed: Jul 6, 2023 | Docket: 67561782

Published

against meritless medical negligence claims. See § 766.201(2), Fla. Stat. (“It is the intent of the Legislature

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516

Published

its intent in establishing arbitration in section 766.201(2)(b), which states: Arbitration shall

Estate of Michelle Evette McCall v. United States

Court of Appeals for the Eleventh Circuit | Filed: May 27, 2011 | Docket: 1357517

Published

availability of malpractice insurance. See Fla. Stat. § 766.201(1)(a). The legislature observed that “[t]he primary

Franks v. Bowers

62 So. 3d 16, 2011 Fla. App. LEXIS 3493, 2011 WL 891941

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2361161

Published

cost of medical malpractice insurance, see section 766.201, Florida Statutes, which the supreme court

Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment

880 So. 2d 675, 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 64832263

Published

are not subject to taxes on economic damages.” § 766.201(l)(e), Fla. Stat. (2003). . It should also be

Wolford v. Boone

874 So. 2d 1207, 2004 Fla. App. LEXIS 6703, 2004 WL 1074113

District Court of Appeal of Florida | Filed: May 14, 2004 | Docket: 64831003

Published

and to preserve the right of trial by jury. See § 766.201(l)(b), Fla. Stat. (2003). We do not read Torrey

Chester v. Doig

842 So. 2d 106, 28 Fla. L. Weekly Supp. 126, 2003 Fla. LEXIS 164, 2003 WL 252142

Supreme Court of Florida | Filed: Feb 6, 2003 | Docket: 64821969

Published

attorneys’ fees, litigation costs, and delay.” § 766.201(2)(b), Fla. Stat. (1997). In this case, Chester

Barclay v. Susac

780 So. 2d 152, 2000 Fla. App. LEXIS 16925, 2000 WL 1879102

District Court of Appeal of Florida | Filed: Dec 29, 2000 | Docket: 64804315

Published

Medical Quality Assurance or its designee. . See § 766.201(2), Fla. Stat. . The attorneys involved in this

Ago

Florida Attorney General Reports | Filed: Jul 9, 1999 | Docket: 3258333

Published

1998). 8 Section 766.201(1)(a), Fla. Stat. 9 Section 766.201(1)(c), Fla. Stat. 10 Section 766.201(2), Fla

Mizrahi v. North Miami Medical Center, Ltd.

712 So. 2d 826, 1998 Fla. App. LEXIS 8137, 1998 WL 374956

District Court of Appeal of Florida | Filed: Jul 8, 1998 | Docket: 64781431

Published

malpractice insurance premiums in Florida. See § 766.201(1), Fla. State. (1995). Obviously, these escalating

Franzen v. Mogler

744 So. 2d 1029, 1997 Fla. App. LEXIS 11888, 1997 WL 656303

District Court of Appeal of Florida | Filed: Oct 22, 1997 | Docket: 64792169

Published

controlling increased medical care costs. See § 766.201, Fla. Stat. (1995).

Stewart v. Price

704 So. 2d 594, 1997 WL 611526

District Court of Appeal of Florida | Filed: Oct 7, 1997 | Docket: 64778343

Published

limiting increases in medical insurance costs. See § 766.201(1), Fla. Stat. (1995).4 Chapter 90-14 closed no

Tallahassee Memorial Regional Medical Center, Inc. v. Kinsey

655 So. 2d 1191, 1995 Fla. App. LEXIS 5342

District Court of Appeal of Florida | Filed: May 18, 1995 | Docket: 64756672

Published

enactment of those provisions is explained in section 766.201(2)(b), no reference is made to the provisions