Florida Statutes
Fla. Stat. § 766.201 (2025)
Legislative findings and intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 54
cases (7 in the last 5 years), 1991–2025 · leading case: Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013).
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
Eileen Hernandez, M.D. v. Lualhati Crespo, 211 So. 3d 19 (Fla. 2016). “It is no less true now than when Bowers was decided that “the public policy” animating the Court’s decision “is an unprecedented judicial policy that contravenes” not only “the declared objective of the Legislature set forth in section 766.201” but also “the public policy…”
Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D., 252 So. 3d 1143 (Fla. 2018). “2011) (citation omitted); see § 766.201(2), Fla. Stat. (2011) (“It is the intent of the Legislature to provide a plan for prompt resolution of medical negligence claims.”
St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). “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).”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “See Fla. Stat. § 766.201 . The means that Florida chose, a per incident cap on noneconomic damages, bears a rational relationship to that end.”
Williams v. Oken, 62 So. 3d 1129 (Fla. 2011). “See § 766.201, Fla. Stat. (2005). Perhaps the greatest impact of this rule is the establishment of a ''presuit investigation phase,” through a notice procedure.”
Baptist Med. Ctr. of the Beaches, Inc. v. Rhodin, 40 So. 3d 112 (Fla. 1st DCA 2010). “(codified as section 766.201, Florida Statutes (2009)).”
Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). “[13] Section 766.201, Florida Statutes (Supp. 1988), 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 medical care costs for most…”
Musculoskeletal Inst. v. Parham, 745 So. 2d 946 (Fla. 1999). “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,…”
Largie v. Gregorian, 913 So. 2d 635 (Fla. 3d DCA 2005). “1999)(quoting § 766.201, Fla. Stat. (1989)). In sum, the problem here is that the expert opinion does not suggest, much less demonstrate, that any expert concluded that there were reasonable grounds to believe that Nurse Wang was negligent in her care or treatment of the…”
Mizrahi v. North Miami Med. Ctr., Ltd., 761 So. 2d 1040 (Fla. 2000). “See § 766.201(1), Fla. Stat. (1995)." [1] Id.”
Hankey v. Yarian, 755 So. 2d 93 (Fla. 2000). “See § 766.201(1)(b), Fla. Stat. (1997). In section 766.”
— 766.201(1) — 7 cases
Mizrahi v. North Miami Med. Ctr., Ltd., 761 So. 2d 1040 (Fla. 2000). “See § 766.201(1), Fla. Stat. (1995)." [1] Id.”
Stewart v. Price, 718 So. 2d 205 (Fla. 1st DCA 1998).
St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). “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).”
Stewart v. Price, 704 So. 2d 594 (Fla. 1st DCA 1997).
Mizrahi v. North Miami Med. Ctr., Ltd., 712 So. 2d 826 (Fla. 3d DCA 1998).
— 766.201(1)(a) — 5 cases
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “See Fla. Stat. § 766.201 . The means that Florida chose, a per incident cap on noneconomic damages, bears a rational relationship to that end.”
Univ. of Miami v. Echarte, 618 So. 2d 189 (Fla. 1993). “[13] Section 766.201, Florida Statutes (Supp. 1988), 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 medical care costs for most…”
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
Eileen Hernandez, M.D. v. Lualhati Crespo, 211 So. 3d 19 (Fla. 2016). “It is no less true now than when Bowers was decided that “the public policy” animating the Court’s decision “is an unprecedented judicial policy that contravenes” not only “the declared objective of the Legislature set forth in section 766.201” but also “the public policy…”
Adventist Health Sys./sunbelt, Inc. d/b/a Florida Hosp. Altamonte & William Huether, III, M.D. Vs Sally Machalek & Matthew Apter, M.D. (Fla. 5th DCA 2023).
— 766.201(1)(b) — 3 cases
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
Hankey v. Yarian, 755 So. 2d 93 (Fla. 2000). “See § 766.201(1)(b), Fla. Stat. (1997). In section 766.”
Univ. of Miami v. Echarte, 585 So. 2d 293 (Fla. 3d DCA 1991).
— 766.201(1)(c) — 1 case
Adventist Health Sys./sunbelt, Inc. d/b/a Florida Hosp. Altamonte & William Huether, III, M.D. Vs Sally Machalek & Matthew Apter, M.D. (Fla. 5th DCA 2023).
— 766.201(1)(d) — 1 case
Piero Palacios v. Sharnice Lawson (Fla. 4th DCA 2024).
— 766.201(1)(e) — 1 case
Advisory Op. to Atty. Gen. Re Comp. Amend., 880 So. 2d 675 (Fla. 2004).
— 766.201(2) — 13 cases
Tuyuana L. Morris, etc. v. Orlando S. Muniz, M.D., 252 So. 3d 1143 (Fla. 2018). “2011) (citation omitted); see § 766.201(2), Fla. Stat. (2011) (“It is the intent of the Legislature to provide a plan for prompt resolution of medical negligence claims.”
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
Baptist Med. Ctr. of the Beaches, Inc. v. Rhodin, 40 So. 3d 112 (Fla. 1st DCA 2010). “(codified as section 766.201, Florida Statutes (2009)).”
Duffy v. Brooker, 614 So. 2d 539 (Fla. 1st DCA 1993).
Walker v. Virginia Ins. Reciprocal, 842 So. 2d 804 (Fla. 2003).
— 766.201(2)(a) — 6 cases
Kukral v. Mekras, 679 So. 2d 278 (Fla. 1996).
Largie v. Gregorian, 913 So. 2d 635 (Fla. 3d DCA 2005). “1999)(quoting § 766.201, Fla. Stat. (1989)). In sum, the problem here is that the expert opinion does not suggest, much less demonstrate, that any expert concluded that there were reasonable grounds to believe that Nurse Wang was negligent in her care or treatment of the…”
Duffy v. Brooker, 614 So. 2d 539 (Fla. 1st DCA 1993).
Pavolini v. Bird, 769 So. 2d 410 (Fla. 5th DCA 2000).
Wolfsen v. Applegate, 619 So. 2d 1050 (Fla. 1st DCA 1993).
— 766.201(2)(b) — 8 cases
Eileen Hernandez, M.D. v. Lualhati Crespo, 211 So. 3d 19 (Fla. 2016). “It is no less true now than when Bowers was decided that “the public policy” animating the Court’s decision “is an unprecedented judicial policy that contravenes” not only “the declared objective of the Legislature set forth in section 766.201” but also “the public policy…”
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
St. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000). “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).”
Chester v. Doig, 842 So. 2d 106 (Fla. 2003).
Tallahassee Mem. Reg. Med. v. Kinsey, 655 So. 2d 1191 (Fla. 1st DCA 1995).
— 766.201(l)(a) — 4 cases
Baptist Med. Ctr. of the Beaches, Inc. v. Rhodin, 40 So. 3d 112 (Fla. 1st DCA 2010). “(codified as section 766.201, Florida Statutes (2009)).”
Est. of Michelle Evette McCall v. United States, 134 So. 3d 894 (Fla. 2014). “See Fla. Stat. § 766.201 . The means that Florida chose, a per incident cap on noneconomic damages, bears a rational relationship to that end.”
Franks v. Bowers, 116 So. 3d 1240 (Fla. 2013). “The recommended plan included that parties conduct a reasonable investigation preceding malprac *1246 tice claims and defenses in order to eliminate frivolous claims and defenses, and incentives for parties to arbitrate medical malpractice claims in order to reduce litigation…”
Eileen Hernandez, M.D. v. Lualhati Crespo, 211 So. 3d 19 (Fla. 2016). “It is no less true now than when Bowers was decided that “the public policy” animating the Court’s decision “is an unprecedented judicial policy that contravenes” not only “the declared objective of the Legislature set forth in section 766.201” but also “the public policy…”
— 766.201(l)(b) — 1 case
Wolford v. Boone, 874 So. 2d 1207 (Fla. 5th DCA 2004).
— 766.201(l)(e) — 1 case
Advisory Opinion to the Attorney Gen. re the Med. Liab. Claimant's Comp. Amendment, 880 So. 2d 675 (Fla. 2004).
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