Florida Statute 766.209 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.209

766.209 Effects of failure to offer or accept voluntary binding arbitration.—

(1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial.

(2) If neither party requests or agrees to voluntary binding arbitration, the claim shall proceed to trial or to any available legal alternative such as offer of and demand for judgment under s. 768.79 or offer of settlement under s. 45.061.

(3) If the defendant refuses a claimant’s offer of voluntary binding arbitration:

(a) The claim shall proceed to trial, and the claimant, upon proving medical negligence, shall be entitled to recover damages subject to the limitations in s. 766.118, prejudgment interest, and reasonable attorney’s fees up to 25 percent of the award reduced to present value.

(b) The claimant’s award at trial shall be reduced by any damages recovered by the claimant from arbitrating codefendants following arbitration.

(4) If the claimant rejects a defendant’s offer to enter voluntary binding arbitration:

(a) The damages awardable at trial shall be limited to net economic damages, plus noneconomic damages not to exceed $350,000 per incident. The Legislature expressly finds that such conditional limit on noneconomic damages is warranted by the claimant’s refusal to accept arbitration, and represents an appropriate balance between the interests of all patients who ultimately pay for medical negligence losses and the interests of those patients who are injured as a result of medical negligence.

(b) Net economic damages reduced to present value shall be awardable, including, but not limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity, offset by any collateral source payments.

(c) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202(9), and shall be offset by future collateral source payments.

(5) Jury trial shall proceed in accordance with existing principles of law.

History.—s. 56, ch. 88-1; s. 32, ch. 88-277; s. 63, ch. 2003-416; s. 156, ch. 2004-5.

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Amendments to 766.209

Arrestable Offenses / Crimes under Fla. Stat. 766.209

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.209.

Annotations, Discussions, Cases:

Cases Citing Statute 766.209

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2022-03-30

Snippet: sought pre-judgment interest, allowed under section 766.209. The parties disagreed as to the date from which

Allstate Insurance Company v. Orthopedic Specialists, etc.

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

Citation: 212 So. 3d 973, 42 Fla. L. Weekly Supp. 38, 2017 WL 372092, 2017 Fla. LEXIS 194

Snippet: shall be subject to the provisions of section 766.209(4),’ which limits the non-economic damages to be

Estate of Michelle Evette McCall v. United States

Court: Supreme Court of Florida | Date Filed: 2014-03-13

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

Snippet: defendant’s offer to arbitrate. Id. (describing section 766.209(4), Fla. Stat. (Supp.1988)). Thereafter, in April

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: non-economic damage caps found in sections 766.207 and 766.209, provide claimants with a “commensurate benefit”

Franks v. Bowers

Court: District Court of Appeal of Florida | Date Filed: 2011-03-16

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

Snippet: a means of dispute resolution. See §§ 766.207; 766.209; 766.118, Fla. Stat. The differences between the

Parham v. FLORIDA HEALTH SCIENCES CENTER, INC.

Court: District Court of Appeal of Florida | Date Filed: 2010-03-31

Citation: 35 So. 3d 920, 2010 Fla. App. LEXIS 4183, 2010 WL 1222925

Snippet: liability for noneconomic damages contained in section 766.209(4), Florida Statutes (2003). The trial court also

Raphael v. Shecter

Court: District Court of Appeal of Florida | Date Filed: 2009-09-23

Citation: 18 So. 3d 1152, 2009 Fla. App. LEXIS 14084, 2009 WL 3018157

Snippet: medical malpractice action was governed by section 766.209(2), Florida Statutes (2002), which stated that

COLUMBIA/JFK MEDICAL CTR. v. Sangounchitte

Court: District Court of Appeal of Florida | Date Filed: 2008-02-13

Citation: 977 So. 2d 639

Snippet: erred in awarding attorney's fees under section 766.209, Florida Statutes, which provides for voluntary

University of Miami v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 2007-02-28

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

Snippet: 1993)(holding constitutional sections 766.207 and 766.209 of the Florida statutes providing a monetary cap

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

Court: Supreme Court of Florida | Date Filed: 2004-07-15

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

Snippet: capped not to exceed $350,000 per incident. See § 766.209, Fla. Stat. (2003). If the parties proceed to trial

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

Court: Supreme Court of Florida | Date Filed: 2004-07-15

Citation: 880 So. 2d 675

Snippet: capped not to exceed $350,000 per incident. See § 766.209, Fla. Stat. (2003). If the parties proceed to trial

Barlow v. North Okaloosa Medical Center

Court: Supreme Court of Florida | Date Filed: 2004-02-12

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

Snippet: available in voluntary arbitration under sections 766.209(4)(a) and 766.207(7) of the Medical Malpractice

Graber v. CLARENDON NAT. INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 2002-05-15

Citation: 819 So. 2d 840, 2002 WL 985371

Snippet: Prejudgment interest is awarded under section 766.209, Florida Statutes, "[i]f the defendant refuses

Tetrault v. Fairchild

Court: District Court of Appeal of Florida | Date Filed: 2001-07-24

Citation: 799 So. 2d 226, 2001 WL 844464

Snippet: adopted the offer of judgment standard. See § 766.209(2), Fla. Stat. (2000). Under the statutory provision

Doig v. Chester

Court: District Court of Appeal of Florida | Date Filed: 2001-02-02

Citation: 776 So. 2d 1043, 2001 WL 85535

Snippet: jury verdict on non-economic damages. See Section 766.209(2). If both parties agree to arbitration, there

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: arbitrate shall be subject to the provisions of s. 766.209(3). A claimant who rejects a defendants offer to

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

Court: District Court of Appeal of Florida | Date Filed: 1997-10-22

Citation: 699 So. 2d 1017

Snippet: non-economic damage caps found in sections 766.207 and 766.209, provide claimants with a `commensurate benefit'

Platman v. Holmes Regional Medical Center, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1996-12-06

Citation: 683 So. 2d 671, 1996 Fla. App. LEXIS 12785, 1996 WL 697824

Snippet: arbitrate shall be subject to the provisions of s. 766.209(3). A claimant who rejects a defendant’s offer

Bombalier v. Lifemark Hosp. of Fla.

Court: District Court of Appeal of Florida | Date Filed: 1995-09-06

Citation: 661 So. 2d 849, 1995 WL 521222

Snippet: cap on non-economic damages contained in section 766.209(4)(a), Florida Statutes (1993). 9. Based on the

Cohen v. DeYoung

Court: District Court of Appeal of Florida | Date Filed: 1995-06-02

Citation: 655 So. 2d 1265, 1995 WL 325942

Snippet: damages cap set forth in sections 766.207 and 766.209, Florida Statutes. DeYoung asserted that Cohen