Florida Statute 766.208 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.208

766.208 Arbitration to allocate responsibility among multiple defendants.—

(1) The provisions of this section shall apply when more than one defendant has participated in voluntary binding arbitration pursuant to s. 766.207.

(2) Within 20 days after the determination of damages by the arbitration panel in the first arbitration proceeding, those defendants who have agreed to voluntary binding arbitration shall submit any dispute among them regarding the apportionment of financial responsibility to a separate binding arbitration proceeding. Such proceeding shall be with a panel of three arbitrators, which panel shall consist of the administrative law judge who presided in the first arbitration proceeding, who shall serve as the chief arbitrator, and two medical practitioners appointed by the defendants, except that if a hospital licensed pursuant to chapter 395 is involved in the arbitration proceeding, one arbitrator appointed by the defendants shall be a certified hospital risk manager. In the event the defendants cannot agree on their selection of arbitrators within 20 days after the determination of damages by the arbitration panel in the first arbitration proceeding, a list of not more than five nominees shall be submitted by each defendant to the director of the Division of Administrative Hearings, who shall select the other arbitrators but shall not select more than one from the list of nominees of any defendant.

(3) The administrative law judge appointed to serve as the chief arbitrator shall convene the arbitrators for the purpose of determining allocation of responsibility among multiple defendants within 65 days after the determination of damages by the arbitration panel in the first arbitration proceeding.

(4) The arbitration panel shall allocate financial responsibility among all defendants named in the notice of intent to initiate litigation, regardless of whether the defendant has submitted to arbitration. The defendants in the arbitration proceeding shall pay their proportionate share of the economic and noneconomic damages awarded by the arbitration panel. All defendants in the arbitration proceeding shall be jointly and severally liable for any damages assessed in arbitration. The determination of the percentage of fault of any defendant not in the arbitration case shall not be binding against that defendant, nor shall it be admissible in any subsequent legal proceeding.

(5) Payment by the defendants of the damages awarded by the arbitration panel in the first arbitration proceeding shall extinguish those defendants’ liability to the claimant and shall also extinguish those defendants’ liability for contribution to any defendants who did not participate in arbitration.

(6) Any defendant paying damages assessed pursuant to this section or s. 766.207 shall have an action for contribution against any nonarbitrating person whose negligence contributed to the injury.

History.—s. 55, ch. 88-1; s. 31, ch. 88-277; s. 305, ch. 96-410.

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Amendments to 766.208

Arrestable Offenses / Crimes under Fla. Stat. 766.208

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.208.

Annotations, Discussions, Cases:

Cases Citing Statute 766.208

Total Results: 9

Franks v. Bowers

Court: Supreme Court of Florida | Date Filed: 2013-06-20

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

Snippet: binding arbitration pursuant to this section and ss.766.208-766.212 shall not apply to rights of action involving

Rell v. McCulla

Court: District Court of Appeal of Florida | Date Filed: 2012-10-12

Citation: 101 So. 3d 878, 2012 WL 4841360, 2012 Fla. App. LEXIS 17688

Snippet: the claim). Because the requirements of section 766.208(2) were not met, the trial court departed from

GalenCare, Inc. v. Mosley

Court: District Court of Appeal of Florida | Date Filed: 2011-02-09

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

Snippet: completion of presuit investigation pursuant to s. 766.208(2) and prior to filing a complaint for medical

HOLMES REGIONAL MEDICAL CENTER, INC. v. Wirth

Court: District Court of Appeal of Florida | Date Filed: 2010-11-12

Citation: 49 So. 3d 802, 2010 Fla. App. LEXIS 17190

Snippet: negligent and that negligence resulted in injury. § 766.208(2). After conducting this investigation, the plaintiff

Chester v. Doig

Court: Supreme Court of Florida | Date Filed: 2003-02-06

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

Snippet: further into the statutory scheme, that section 766.208(6), Florida Statutes (1997), provides: Arbitration

Mincey v. Moore

Court: District Court of Appeal of Florida | Date Filed: 2002-02-08

Citation: 814 So. 2d 1081, 2002 Fla. App. LEXIS 1343, 2002 WL 192005

Snippet: notice of intent to sue or afterwards. See sec. 766.208, Fla. Stat. (1999). We reverse. The failure to

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

Court: Supreme Court of Florida | Date Filed: 2000-06-29

Citation: 769 So. 2d 961, 2000 WL 854258

Snippet: multiple defendants to arbitration pursuant to s. 766.208. (2) Commencing 90 days after the award rendered

University of Miami v. Echarte

Court: District Court of Appeal of Florida | Date Filed: 1991-06-11

Citation: 585 So. 2d 293, 1991 WL 98016

Snippet: binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving

Tinker v. De Maria Porsche Audi, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1984-12-04

Citation: 459 So. 2d 487

Snippet: Ct. 1974); City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974); Ruler v. M. & M. Motor Co.