Florida Statute 766.202 - 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. 766.202

766.202 Definitions; ss. 766.201-766.212.—As used in ss. 766.201-766.212, the term:

(1) “Claimant” means any person who has a cause of action for damages based on personal injury or wrongful death arising from medical negligence.

(2) “Collateral sources” means any payments made to the claimant, or made on his or her behalf, by or pursuant to:

(a) The United States Social Security Act; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits, except as prohibited by federal law.

(b) Any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or her or provided by others.

(c) Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services.

(d) Any contractual or voluntary wage continuation plan provided by employers or by any other system intended to provide wages during a period of disability.

(3) “Economic damages” means financial losses that would not have occurred but for the injury giving rise to the cause of action, including, but not limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity to the extent the claimant is entitled to recover such damages under general law, including the Wrongful Death Act.

(4) “Health care provider” means any hospital or ambulatory surgical center as defined and licensed under chapter 395; a birth center licensed under chapter 383; any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, part I of chapter 464, chapter 466, chapter 467, part XIV of chapter 468, or chapter 486; a health maintenance organization certificated under part I of chapter 641; a blood bank; a plasma center; an industrial clinic; a renal dialysis facility; or a professional association partnership, corporation, joint venture, or other association for professional activity by health care providers.

(5) “Investigation” 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.

(6) “Medical expert” means a person duly and regularly engaged in the practice of his or her profession who holds a health care professional degree from a university or college and who meets the requirements of an expert witness as set forth in s. 766.102.

(7) “Medical negligence” means medical malpractice, whether grounded in tort or in contract.

(8) “Noneconomic damages” means nonfinancial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses to the extent the claimant is entitled to recover such damages under general law, including the Wrongful Death Act.

(9) “Periodic payment” means provision for the structuring of future economic damages payments, in whole or in part, over a period of time, as follows:

(a) A specific finding of the dollar amount of periodic payments which will compensate for these future damages after offset for collateral sources shall be made. The total dollar amount of the periodic payments shall equal the dollar amount of all such future damages before any reduction to present value.

(b) The defendant shall be required to post a bond or security or otherwise to assure full payment of these damages awarded. A bond is not adequate unless it is written by a company authorized to do business in this state and is rated A+ by Best’s. If the defendant is unable to adequately assure full payment of the damages, all damages, reduced to present value, shall be paid to the claimant in a lump sum. No bond may be canceled or be subject to cancellation unless at least 60 days’ advance written notice is filed with the court and the claimant. Upon termination of periodic payments, the security, or so much as remains, shall be returned to the defendant.

(c) The provision for payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made.

History.—s. 49, ch. 88-1; s. 1153, ch. 97-102; s. 58, ch. 2003-416; s. 3, ch. 2011-195; s. 125, ch. 2018-24.

F.S. 766.202 on Google Scholar

F.S. 766.202 on CourtListener

Amendments to 766.202

Annotations, Discussions, Cases:

Cases Citing Statute 766.202

Total Results: 100

Kukral v. Mekras

679 So. 2d 278, 1996 WL 316134

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

Cited 64 times | Published

to conduct an investigation as defined by section 766.202(4), Florida Statutes (1991), that distinguishes

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

cause of action arising from medical negligence." § 766.202(1), Fla. Stat. (1999). See also Bombalier v. Lifemark

JB v. Sacred Heart Hosp. of Pensacola

635 So. 2d 945, 19 Fla. L. Weekly Supp. 194, 1994 Fla. LEXIS 577, 1994 WL 137919

Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 1705398

Cited 33 times | Published

*949 § 766.106(1)(a), Fla. Stat. (1989). And section 766.202, which applies to medical negligence claims

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

enjoyment of life, and other nonfinancial losses." § 766.202(7), Fla. Stat. (Supp. 1988). [15] Section 766

Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

29 So. 3d 992, 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 1642779

Cited 19 times | Published

facility. See § 440.13(1)(i), Fla. Stat. (1997); § 766.202(4), Fla. Stat. (2009). And "health care facility"

Mobley v. GILBERT E. HIRSCHBERG, PA

915 So. 2d 217, 2005 Fla. App. LEXIS 17250, 2005 WL 2861577

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1310962

Cited 18 times | Published

"health care provider" within the meaning of section 766.202(4), Florida Statutes (2004). A "dental assistant"

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

"`medical expert' as that term is defined in Florida Statute 766.202(5)." The signature on the notarized letter

Oliveros v. Adventist Health Systems/Sunbelt, Inc.

45 So. 3d 873, 2010 Fla. App. LEXIS 12923, 2010 WL 3447253

District Court of Appeal of Florida | Filed: Sep 3, 2010 | Docket: 2525062

Cited 13 times | Published

from a medical expert as defined in section 766.202(6). Section 766.202(6) provides that a medical expert

South Miami Hospital, Inc. v. Perez

38 So. 3d 809, 2010 Fla. App. LEXIS 8643, 2010 WL 2382569

District Court of Appeal of Florida | Filed: Jun 16, 2010 | Docket: 1658651

Cited 13 times | Published

malpractice, whether grounded in tort or in contract." § 766.202(7), Fla. Stat. (2008). The respondent's amended

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

opinion from a medical expert, as defined in section 766.202(5); it does not require a corroborating opinion

Integrated Health Care Serv., Inc. v. Lang-Redway

840 So. 2d 974, 27 Fla. L. Weekly Supp. 1030, 2002 Fla. LEXIS 2591, 2002 WL 31769252

Supreme Court of Florida | Filed: Dec 12, 2002 | Docket: 1748206

Cited 13 times | Published

malpractice, whether grounded in tort or in contract." § 766.202(6), Fla. Stat. (1997). The claimant bringing such

FORT WALTON BEACH MED. CENTER v. Dingler

697 So. 2d 575

District Court of Appeal of Florida | Filed: Aug 5, 1997 | Docket: 1776890

Cited 13 times | Published

expert lacked the qualifications required by section 766.202(5), Florida Statutes (1991), and respondents

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

That I am a medical expert as defined by Florida Statute 766.202(5); 2. That my medical opinion based upon

Michael Clare, M.D. v. Lynch

220 So. 3d 1258, 2017 WL 2664320, 2017 Fla. App. LEXIS 8924

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 6078176

Cited 12 times | Published

medical expert as defined in s. 766.202(6).” Section 766.202(6) defines a “medical expert” as a person

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

Florida Statutes (2009), as referenced in section 766.202(6), defines the "requirements of an expert

Corbo v. Garcia

949 So. 2d 366, 2007 WL 624722

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 1720045

Cited 12 times | Published

the definition of health care provider in section 766.202(4), which includes physical therapists licensed

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

obtained a written opinion from said expert. § 766.202(4), Fla. Stat. (2002). Requiring a written expert

Dr. Navarro's Vein Centre of the Palm Beach, Inc. v. Miller

22 So. 3d 776, 2009 Fla. App. LEXIS 17241, 2009 WL 3837205

District Court of Appeal of Florida | Filed: Nov 18, 2009 | Docket: 1122061

Cited 9 times | Published

doctor was a health care provider as defined in section 766.202(4) and was licensed under chapter 458. The

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

time the presuit affidavit was executed in 2011. § 766.202(6), Fla. Stat. (2011). The record reveals that

Holden v. Bober

39 So. 3d 396, 2010 Fla. App. LEXIS 9131, 2010 WL 2507279

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1923934

Cited 8 times | Published

medical expert as defined under section 766.202(6). § 766.203(2). Section 766.202(6), in turn, defines a "medical

Hesterly v. Royal Caribbean Cruises, Ltd.

515 F. Supp. 2d 1278, 2008 A.M.C. 548, 2007 U.S. Dist. LEXIS 69430, 2007 WL 2719089

District Court, S.D. Florida | Filed: Aug 6, 2007 | Docket: 1787660

Cited 8 times | Published

care provider within the meaning of Fla. Stat. § 766.202(4) is a question of fact which cannot be resolved

Hesterly v. Royal Caribbean Cruises, Ltd.

515 F. Supp. 2d 1278, 2008 A.M.C. 548, 2007 U.S. Dist. LEXIS 69430, 2007 WL 2719089

District Court, S.D. Florida | Filed: Aug 6, 2007 | Docket: 1787660

Cited 8 times | Published

care provider within the meaning of Fla. Stat. § 766.202(4) is a question of fact which cannot be resolved

Yocom v. Wuesthoff Health Systems, Inc.

880 So. 2d 787, 2004 Fla. App. LEXIS 10564, 2004 WL 1584783

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1294803

Cited 7 times | Published

he or she is called to provide an opinion. See § 766.202(5), Fla. Stat. (2002); Apostolico v. Orlando Reg'l

Pizzarelli v. Rollins

704 So. 2d 630, 1997 WL 715805

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1355103

Cited 7 times | Published

to be paid by periodic payments pursuant to section 766.202(8), and shall be offset by future collateral

Clark v. Sarasota County Public Hospital Board

65 F. Supp. 2d 1308, 1998 U.S. Dist. LEXIS 22696, 1998 WL 1112980

District Court, M.D. Florida | Filed: Aug 31, 1998 | Docket: 2297682

Cited 6 times | Published

qualify them as a medical expert as defined in § 766.202(5), Florida Statutes;[3] and (2) neither of the

Correa v. Robertson

693 So. 2d 619, 1997 WL 133934

District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 435346

Cited 6 times | Published

contended that a "medical expert" as defined by section 766.202(5), Florida Statutes (1995), must be a physician

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

from a medical expert qualified pursuant to section 766.202(5). The motions alleged that Dr. Gardner was

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

obtained a written opinion from said expert." § 766.202(4), Fla. Stat. (1989). At the hearing, counsel

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

a health care provider, as defined in section 766.202(4), Florida Statutes (2008). However, the National

Oken v. Williams

23 So. 3d 140, 2009 Fla. App. LEXIS 14590, 2009 WL 3103853

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1180414

Cited 5 times | Published

affidavit of a “medical expert” as defined by section 766.202(6), Florida Statutes. We find merit in petitioners’

O'Shea v. Phillips

746 So. 2d 1105, 1999 WL 741115

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1714974

Cited 5 times | Published

arbitration of "medical negligence claims." Section 766.202(6) defines "[m]edical negligence" as "medical

Tunner v. Foss

655 So. 2d 1151, 1995 WL 232563

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1326873

Cited 5 times | Published

failure to render, medical care or services."[2] Section 766.202 further defines "medical negligence" as "medical

Jane Doe v. Baptist Primary Care, Inc

177 So. 3d 669

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991541

Cited 4 times | Published

(defining a claim for medicál negligence), and section 766.202, Florida Statutes (defining “medical negligence”

Samples v. Florida Birth-Related Neurological

40 So. 3d 18, 2010 Fla. App. LEXIS 8763, 2010 WL 2425998

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667052

Cited 4 times | Published

wrongful death arising from medical negligence." § 766.202(1), Fla. Stat. As seen in St. Mary's Hospital

Estate of McCall v. United States

663 F. Supp. 2d 1276, 2009 U.S. Dist. LEXIS 95302, 2009 WL 3163183

District Court, N.D. Florida | Filed: Sep 30, 2009 | Docket: 879550

Cited 4 times | Published

including the Wrongful Death Act." Fla. Stat. § 766.202(8) (incorporated in Fla. Stat. § 766.118(1)(b))

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

cause of action arising from medical negligence." § 766.202(1), Fla. Stat. (1999). The Act further provides

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

defined in the definitional provisions in section 766.202 as "any person who has a cause of action arising

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

Resolution of this issue requires construction of section 766.202(8), Florida Statutes (1993), which the parties

Maldonado v. EMSA Ltd. Partnership

645 So. 2d 86, 1994 WL 617187

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 1222898

Cited 4 times | Published

negligence in compliance with the requirements of section 766.202(5) defining "medical expert." Contrary to defendants'

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

resolution of medical negligence claims. [14] Section 766.202(7), Florida Statutes (Supp. 1988), defines

Estrada v. Mercy Hospital, Inc.

121 So. 3d 51, 2013 WL 1442251, 2013 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60234441

Cited 3 times | Published

general law, including the Wrongful Death Act. § 766.202(3), Fla. Stat. (2012). An award made pursuant

Pierrot v. Osceola Mental Health, Inc.

106 So. 3d 491, 2013 Fla. App. LEXIS 464, 2013 WL 132463

District Court of Appeal of Florida | Filed: Jan 11, 2013 | Docket: 60228219

Cited 3 times | Published

definition of health care provider in section 766.202(4). See § 766.202. Section *495766.202(4) does not list

Gonzalez v. Tracy

994 So. 2d 402, 2008 WL 4643122

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1666851

Cited 3 times | Published

the consequence of the negligent act." [4] Section 766.202(6), Florida Statutes (2006), defines "medical

Bonati v. Allen

911 So. 2d 285, 2005 WL 2398530

District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 1751898

Cited 3 times | Published

obtained a written opinion from said expert." § 766.202(4). We agree with Dr. Bonati that the presuit

Winson v. Norman

658 So. 2d 625, 1995 WL 421916

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439588

Cited 3 times | Published

practice of his profession," as defined by section 766.202(5). The doctor in question had not been engaged

Winson v. Norman

658 So. 2d 625, 1995 WL 421916

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 439588

Cited 3 times | Published

practice of his profession," as defined by section 766.202(5). The doctor in question had not been engaged

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704569

Cited 2 times | Published

medical expert as that term is defined in section 766.202(6). This statute defines a medical expert as:

Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. Lawson

175 So. 3d 327, 2015 Fla. App. LEXIS 12951, 2015 WL 5057325

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250551

Cited 2 times | Published

breaches in medical negligence actions. See, e.g., § 766.202, Fla. Stat. One specific example of a provision

Edwards v. Sunrise Ophthalmology ASC, LLC

134 So. 3d 1056, 2013 WL 4525599, 2013 Fla. App. LEXIS 13669

District Court of Appeal of Florida | Filed: Aug 28, 2013 | Docket: 60239018

Cited 2 times | Published

compliance with the requirements of F.S. 766.203(2), F.S. 766.202(6) and F.S. 766.102.” This assertion was sufficiently

Acosta v. Healthspring of Florida, Inc.

118 So. 3d 246, 2013 WL 3723310, 2013 Fla. App. LEXIS 11358

District Court of Appeal of Florida | Filed: Jul 17, 2013 | Docket: 60233137

Cited 2 times | Published

further proceedings. Reversed and remanded. . § 766.202(4), Fla. Stat. (2009).

M.D. v. United States

745 F. Supp. 2d 1274, 2010 U.S. Dist. LEXIS 110437, 2010 WL 3893750

District Court, M.D. Florida | Filed: Sep 30, 2010 | Docket: 2342280

Cited 2 times | Published

and loss of capacity for enjoyment of life. § 766.202(8), Fla. Stat. (2007). The challenged legislation

Jeffrey A. Hunt, D.O., P.A. v. Huppman

28 So. 3d 989, 2010 Fla. App. LEXIS 3120, 2010 WL 843881

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1166682

Cited 2 times | Published

medical expert as defined in s. 766.202(6)." Section 766.202(6) defines medical expert as "a person duly

Lifemark Hospitals of Florida, Inc. v. Afonso

4 So. 3d 764, 2009 Fla. App. LEXIS 1944, 2009 WL 605342

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1666508

Cited 2 times | Published

source payments. The legislature also amended section 766.202(3), adding the underlined language: "Economic

Maraj v. North Broward Hosp. Dist.

989 So. 2d 682, 2008 Fla. App. LEXIS 11593, 2008 WL 2906956

District Court of Appeal of Florida | Filed: Jul 30, 2008 | Docket: 2530321

Cited 2 times | Published

intent to initiate litigation is mailed." Section 766.202(6) requires an expert to meet the requirements

LIFESOUTH CMTY. BLOOD CENTERS v. Fitchner

970 So. 2d 379, 2007 WL 3144829

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 1324266

Cited 2 times | Published

Laws of Fla. In 2003, the Legislature amended section 766.202, Florida Statutes, to define "health care provider"

Mirza v. Trombley

946 So. 2d 1096, 2006 WL 3523640

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1771254

Cited 2 times | Published

think this is in derogation of the statute. See § 766.202(5), Fla. Stat. (2004). The majority posits several

Paley v. Maraj

910 So. 2d 282, 2005 WL 1523362

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 1744686

Cited 2 times | Published

definition of medical expert contained in section 766.202(6) is one who meets the requirement of a trial

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

The term "medical negligence" is defined in section 766.202(6) to mean "medical malpractice, whether grounded

J.B. And J.W.B., Individually and on Behalf of Their Minor Child, S.B. And E.B. And M.B. Individually v. Sacred Heart Hospital of Pensacola

996 F.2d 276, 1993 U.S. App. LEXIS 19190

Court of Appeals for the Eleventh Circuit | Filed: Jul 27, 1993 | Docket: 372177

Cited 2 times | Published

render, medical care or services.” In addition, § 766.202 defines a “claimant” as “any person who has a

Diane Rodriguez and David Rodriguez, etc. v. Ernst Nicolitz, M.D. and Lenka Champion, M.D.

246 So. 3d 550

District Court of Appeal of Florida | Filed: May 18, 2018 | Docket: 6771557

Cited 1 times | Published

(2012). A medical expert as defined in section 766.202(6) is “a person duly and regularly engaged

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

respectfully dissent. CANADY, J., concurs. . Section 766.202(8), Florida Statutes (2005), defines noneconomic

Fitchner v. LifeSouth Community Blood Centers, Inc.

88 So. 3d 269, 2012 Fla. App. LEXIS 5627, 2012 WL 1232730

District Court of Appeal of Florida | Filed: Apr 13, 2012 | Docket: 60308218

Cited 1 times | Published

Life-South relied on the 2003 amendment to section 766.202(4) Florida Statutes, which added blood banks

University of Miami v. Wilson

948 So. 2d 774, 2007 Fla. App. LEXIS 2728, 2006 WL 1687685

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1767914

Cited 1 times | Published

"claimant" is expressly defined in the Act. Section 766.202(1) states: "Claimant" means any person who

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

payments. § 766.207(7)(a), Fla. Stat. (2002). Section 766.202 defines "economic damages" as financial losses

Pagan v. Smith

705 So. 2d 1034, 1998 WL 51511

District Court of Appeal of Florida | Filed: Feb 11, 1998 | Docket: 1753791

Cited 1 times | Published

to comply with the presuit requirements of section 766.202(4), Florida Statutes (1991). In reversing the

Kukral v. Mekras

647 So. 2d 849, 1994 WL 189644

District Court of Appeal of Florida | Filed: Jan 4, 1995 | Docket: 437234

Cited 1 times | Published

to conduct an investigation as defined by section 766.202(4), Florida Statutes (1991), that distinguishes

Ghamra, M. D., Lung Associates of Sarasota, LLC v. Williams, Estate of Derrick Williams

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275649

Published

4 [section] 766.202(6)." Id. Section 766.202(6) defines "[m]edical

Angel Tomas v. Dmitry Sandler, DPM

District Court of Appeal of Florida | Filed: Mar 26, 2025 | Docket: 69793066

Published

202(6).” § 766.203(2), Fla. Stat. Section 766.202(6), Florida Statutes (2022), in turn, defines

Indian River Memorial Hospital, Inc. v. Arlene Anderson, as Personal Representative of the Estate of Zachary Taylor Anderson

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651628

Published

“health care provider” covered by chapter 766. § 766.202(4), Fla. Stat. (2021) (defining a “health care

Christopher Moncrief, as Personal Representative of the Estate of Melissa Marie Moncrief v. Charles Edward Kollmer, M.D., and New Smyrna Orthopedics, P.A.

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378400

Published

opinion from a medical expert as defined in section 766.202(6), at the time the notice of intent to initiate

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

expert witness as set forth in s. 766.102.” § 766.202(6), Fla. Stat. (2021). Section 766.102(5) outlines

University of Florida Board of Trustees v. Laurie Carmody

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

Published

203(2), Fla. Stat. (2016) (emphasis added). Section 766.202(6) defines a medical expert as “a person duly

MARIA MARTINEZ v. DON JOHN PEREZ-ORTIZ, M. D. AND THE PEREZ EYE CENTER, P. L.

District Court of Appeal of Florida | Filed: Sep 23, 2022 | Docket: 65370802

Published

(Fla. 2006). Under the clear language of section 766.202(6), "medical expert" is defined as

SRINIVAS RAO DONTINENI, M.D. vs PATRICIA SANDERSON, JOSEPH BOULAY, M.D., ALL STAR RECRUITING LOCUMS, LLC, ANGELO FERNANDES, M.D., ARVIND KUMAR, M.D., BREVARD INTERNAL MEDICINE & WALK IN CLINIC, PLLC, ET AL.

District Court of Appeal of Florida | Filed: Jul 1, 2022 | Docket: 68035384

Published

support the claim of medical negligence.” See § 766.202, Fla. Stat. (2018). In this context, a medical

DIAL 4 CARE, INC. v. ELIJAH BRINSON

District Court of Appeal of Florida | Filed: Mar 17, 2021 | Docket: 59739251

Published

a written opinion from said expert.” Id. at § 766.202(5). Dial 4 Care’s motion to dismiss required

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704570

Published

medical expert as that term is defined in section 766.202(6). This statute defines a medical expert as:

Shands Jacksonville Medical Center, Inc. v. Eartha Pusha, as Personal etc.

254 So. 3d 1076

District Court of Appeal of Florida | Filed: Aug 24, 2018 | Docket: 7741300

Published

wrongful death arising from medical negligence.” § 766.202(1), Fla. Stat. (2011). And pursuant to Florida’s

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP v. DIVISION OF ADMIN. HEARINGS, BERNARD BELZI, etc.

243 So. 3d 985

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354241

Published

death arbitration. § 766.207(7)(b), Fla. Stat. Section 766.202(3) and (8), Florida Statutes (2014), define

Simon Dockswell v. Bethesda Memorial Hospital, Inc., etc.

210 So. 3d 1201, 42 Fla. L. Weekly Supp. 32, 2017 WL 372091, 2017 Fla. LEXIS 193

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574074

Published

a written opinion from a medical expert. Id. § 766.202(5). After completing the statutory presuit investigation

2D16-2122 / St. Joseph's Hospital, Inc. v. Doe

208 So. 3d 1200, 2017 Fla. App. LEXIS 304

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4567390

Published

complaint did not amount to medical negligence. Section 766.202(7) defines “medical negligence” as “medical

Bery v. Fahel

194 So. 3d 1099, 2016 Fla. App. LEXIS 10359, 2016 WL 3611022

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108188

Published

defendant’s insurer. (emphasis added). Section 766,202(6) defines “medical expert” as “a person duly

Townes v. National Deaf Academy, LLC

197 So. 3d 1130, 2016 Fla. App. LEXIS 9383, 2016 WL 3381809

District Court of Appeal of Florida | Filed: Jun 17, 2016 | Docket: 3082126

Published

hold on Perry are healthcare providers under section 766.202(4), Florida Statutes (2008). This Court’s

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

189 So. 3d 348, 2016 WL 1660554, 2016 Fla. App. LEXIS 6298

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058396

Published

opinion by an expert witness as defined under section 766.202, Florida Statutes. Dismissal for failure to

State Farm Mutual Automobile Insurance Co. v. Long

189 So. 3d 335, 2016 Fla. App. LEXIS 6148, 2016 WL 1600606

District Court of Appeal of Florida | Filed: Apr 22, 2016 | Docket: 3061464

Published

We are not persuaded by this argument. Section 766.202(6), Florida Statutes (2013), defines “medical

Lakeland Regional Medical Center, Inc. v. Pilgrim

107 So. 3d 505, 2013 WL 561464, 2013 Fla. App. LEXIS 2315

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60228691

Published

malpractice, whether grounded in tort or in contract.” § 766.202(7). . Once a lawsuit has been filed alleging

Houston v. GEO

73 So. 3d 323, 2011 Fla. App. LEXIS 16980, 36 Fla. L. Weekly Fed. D 2361

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 303272

Published

corroborating medical expert opinion under section 766.202(6), Florida Statutes. That section requires

GalenCare, Inc. v. Mosley

59 So. 3d 138, 2011 Fla. App. LEXIS 1514, 2011 WL 439467

District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 60299610

Published

health care provider. (Emphasis added.) Under section 766.202(4), a health care provider is any hospital

HOLMES REGIONAL MEDICAL CENTER, INC. v. Wirth

49 So. 3d 802, 2010 Fla. App. LEXIS 17190, 35 Fla. L. Weekly Fed. D 2505

District Court of Appeal of Florida | Filed: Nov 12, 2010 | Docket: 2401005

Published

an expert witness as set forth in s. 766.102." § 766.202(6). As the parties recognize, Ms. Licata could

Dirga v. Butler

39 So. 3d 388, 2010 Fla. App. LEXIS 8934, 2010 WL 2472489

District Court of Appeal of Florida | Filed: Jun 21, 2010 | Docket: 2410784

Published

not a "health care provider" as defined in section 766.202(4), Florida Statutes, we find that he was not

Jackson v. Morillo

976 So. 2d 1125, 2007 WL 4269015

District Court of Appeal of Florida | Filed: Dec 7, 2007 | Docket: 1275239

Published

Dr. Morillo and failed to name him despite section 766.202(5)'s requirement that an attorney review the

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

provide wages during a period of disability. § 766.202(2), Fla. Stat. (1997). The plain language of section

Solomon v. Well Care HMO, Inc.

822 So. 2d 543, 2002 Fla. App. LEXIS 10332, 2002 WL 1625568

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 64816639

Published

whether grounded in tort or in contract.” See § 766.202(6), Fla. Stat. (2000). A complaint does not state

Barlow v. North Okaloosa Medical Center

809 So. 2d 71, 2002 Fla. App. LEXIS 1355, 2002 WL 205809

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 64813019

Published

766.207(7)(a), Florida Statutes (2001). But section 766.202(2)(a), Florida Statutes (2001), defines collateral

Gutierrez v. Peralta

785 So. 2d 536, 2001 Fla. App. LEXIS 1806, 2001 WL 166838

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64805432

Published

cause of action arising from medical negligence.” § 766.202(1), Fla. Stat. (1999). The Act further provides

Doig v. Chester

776 So. 2d 1043, 2001 WL 85535

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 421854

Published

definition of collateral source payments set out in section 766.202(2), Fla.Stat. Chester urged below that the

O'Hanrahan v. Moore

731 So. 2d 95, 1999 Fla. App. LEXIS 4715, 1999 WL 212242

District Court of Appeal of Florida | Filed: Apr 14, 1999 | Docket: 64787815

Published

corroborating medical expert opinion under section 766.202(5), Florida Statutes, in order to substantiate

Phillips v. Koepke

710 So. 2d 772, 1998 Fla. App. LEXIS 8841, 1998 WL 281747

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64780926

Published

was not from a medical expert as defined by section 766.202(5) Florida Statutes. We deny certio-rari because

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

cause of action arising from medical negligence.” § 766.202(1) Fla. Stat. (1995). Except for the fact of his

Smelko v. Dupay

686 So. 2d 14, 1996 Fla. App. LEXIS 6038, 1996 WL 303425

District Court of Appeal of Florida | Filed: Jun 7, 1996 | Docket: 64770312

Published

was not a qualified medical expert under section 766.202(5), Florida Statutes (1993). Because the statute

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

Resolution of this issue requires construction of section 766.202(8), Florida Statutes (1993), which the parties