Florida Statute 766.202 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

View Entire Chapter

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 Casetext

Amendments to 766.202

Arrestable Offenses / Crimes under Fla. Stat. 766.202

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.202.

Annotations, Discussions, Cases:

Cases Citing Statute 766.202

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: expert” qualified under sections 766.102(5) and 766.202(6), Florida Statutes (2019), to provide a pre-suit

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-17

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

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.

Court: District Court of Appeal of Florida | Date Filed: 2023-10-06

Snippet: opinion by an expert witness as defined in s. 766.202, or that the authorization accompanying the

University of Florida Board of Trustees v. Laurie Carmody

Court: Supreme Court of Florida | Date Filed: 2023-07-06

Snippet: defined in s. 766.202(6) . . . . § 766.203(2), Fla. Stat. (2016) (emphasis added). Section 766.202(6) defines

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

Court: District Court of Appeal of Florida | Date Filed: 2022-09-23

Snippet: opinion from a medical expert as defined in s. 766.202(6)," which serves as corroboration of "reasonable

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.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-01

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

MARTIN MEMORIAL HEALTH SYSTEMS, INC. d/b/a CLEVELAND CLINIC MARTIN HEALTH v. VINCENT GORHAM, III

Court: District Court of Appeal of Florida | Date Filed: 2022-04-20

Snippet: opinion from a medical expert as defined in s. 766.202(6). . . .” Id. Finally, after obtaining the

DIAL 4 CARE, INC. v. ELIJAH BRINSON

Court: District Court of Appeal of Florida | Date Filed: 2021-03-17

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

Davis v. Karr

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 279

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

Davis v. Karr

Court: District Court of Appeal of Florida | Date Filed: 2019-01-25

Citation: 264 So. 3d 279

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

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

Court: Supreme Court of Florida | Date Filed: 2018-09-06

Citation: 252 So. 3d 1143

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-08-24

Citation: 254 So. 3d 1076

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-05-18

Citation: 246 So. 3d 550

Snippet: 4 as defined in s. 766.202(6)” which supports a claim of medical negligence

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

Court: Supreme Court of Florida | Date Filed: 2018-04-26

Citation: 242 So. 3d 303

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-04

Citation: 243 So. 3d 985

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

Michael Clare, M.D. v. Lynch

Court: District Court of Appeal of Florida | Date Filed: 2017-06-21

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

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

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

Court: Supreme Court of Florida | Date Filed: 2017-01-26

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

Snippet: negligence of a health care provider as defined in s. 766.202(4), the claimant shall have the burden of proving

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

Court: District Court of Appeal of Florida | Date Filed: 2017-01-13

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

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

Bery v. Fahel

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

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

Snippet: opinion by an expert witness as defined in s. 766.202, or that the authorization accompanying the notice

Townes v. National Deaf Academy, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-06-17

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

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