The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.110

766.110 Liability of health care facilities.—

(1) All health care facilities, including hospitals and ambulatory surgical centers, as defined in chapter 395, have a duty to assure comprehensive risk management and the competence of their medical staff and personnel through careful selection and review, and are liable for a failure to exercise due care in fulfilling these duties. These duties shall include, but not be limited to:

(a) The adoption of written procedures for the selection of staff members and a periodic review of the medical care and treatment rendered to patients by each member of the medical staff;

(b) The adoption of a comprehensive risk management program which fully complies with the substantive requirements of s. 395.0197 as appropriate to such hospital’s size, location, scope of services, physical configuration, and similar relevant factors;

(c) The initiation and diligent administration of the medical review and risk management processes established in paragraphs (a) and (b) including the supervision of the medical staff and hospital personnel to the extent necessary to ensure that such medical review and risk management processes are being diligently carried out.

Each such facility shall be liable for a failure to exercise due care in fulfilling one or more of these duties when such failure is a proximate cause of injury to a patient.

(2) Every hospital licensed under chapter 395 may carry liability insurance or adequately insure itself in an amount of not less than $1.5 million per claim, $5 million annual aggregate to cover all medical injuries to patients resulting from negligent acts or omissions on the part of those members of its medical staff who are covered thereby in furtherance of the requirements of ss. 458.320 and 459.0085. Self-insurance coverage extended hereunder to a member of a hospital’s medical staff meets the financial responsibility requirements of ss. 458.320 and 459.0085 if the physician’s coverage limits are not less than the minimum limits established in ss. 458.320 and 459.0085 and the hospital is a verified trauma center that has extended self-insurance coverage continuously to members of its medical staff for activities both inside and outside of the hospital. Any insurer authorized to write casualty insurance may make available, but shall not be required to write, such coverage. The hospital may assess on an equitable and pro rata basis the following professional health care providers for a portion of the total hospital insurance cost for this coverage: physicians licensed under chapter 458, osteopathic physicians licensed under chapter 459, podiatric physicians licensed under chapter 461, dentists licensed under chapter 466, and nurses licensed under part I of chapter 464. The hospital may provide for a deductible amount to be applied against any individual health care provider found liable in a law suit in tort or for breach of contract. The legislative intent in providing for the deductible to be applied to individual health care providers found negligent or in breach of contract is to instill in each individual health care provider the incentive to avoid the risk of injury to the fullest extent and ensure that the citizens of this state receive the highest quality health care obtainable.

(3) In order to ensure comprehensive risk management for diagnosis of disease, a health care facility, including a hospital or ambulatory surgical center, as defined in chapter 395, may use scientific diagnostic disease methodologies that use information regarding specific diseases in health care facilities and that are adopted by the facility’s medical review committee.

History.—s. 23, ch. 85-175; s. 4, ch. 90-158; s. 93, ch. 92-289; s. 64, ch. 97-264; s. 232, ch. 98-166; s. 144, ch. 2000-318; s. 34, ch. 2002-400; s. 13, ch. 2011-233.

Note.—Former s. 768.60.

F.S. 766.110 on Google Scholar

F.S. 766.110 on Casetext

Amendments to 766.110

Arrestable Offenses / Crimes under Fla. Stat. 766.110

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.110.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CIVIL CASES REPORT NO., 253 So. 3d 531 (Fla. 2018)

. . . LaBella, 543 So.2d 209 (Fla. 1989);F.S. 766.110. . . .

ST. JOSEPH S HOSPITAL, INC. v. DOE,, 208 So. 3d 1200 (Fla. Dist. Ct. App. 2017)

. . . Doe alleged violations of section 766.110, which is entitled “Liability of healthcare facilities”: 20 . . . Joseph’s had separate duties pursuant to Florida Statutes, [section] 766.110 to provide risk management . . . Section 766.110(1) states that [a]ll health care facilities, including hospitals and ambulatory surgical . . . ensure that such medical review and risk management processes are being diligently carried out.” § 766.110 . . . Joseph’s violated the requirement of section 766.110 that it have and comply with a comprehensive risk . . .

PALMS WEST HOSPITAL LIMITED PARTNERSHIP, a d b a f k a a d b a v. H. BURNS,, 83 So. 3d 785 (Fla. Dist. Ct. App. 2011)

. . . It further argued that with regard to a statutory cause of action based upon section 766.110, Florida . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . LaBella, 543 So.2d 209 (Fla.1989); F.S. 766.110. . . . NOTE ON USE FOR 402.11d Derived from F.S. 766.110. 402.12 ISSUES ON CLAIM OF ATTORNEY MALPRACTICE ARISING . . .

HOROWITZ, v. PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP,, 959 So. 2d 176 (Fla. 2007)

. . . Like section 458.320, section 766.110, Florida Statutes (2006), was enacted as part of the Comprehensive . . . Section 766.110(1) provides that all health care facilities have “a duty to assure comprehensive risk . . . Conspicuously absent from section 766.110 is any mention of civil liability for a hospital’s failure . . . The fact that section 766.110 expressly imposes a duty on and creates a cause of action against hospitals . . . or revoke the staff privileges of physicians who fail to maintain financial responsibility. .Section 766.110 . . .

NOTAMI HOSPITAL OF FLORIDA, INC. d b a v. BOWEN C. P. A. B. M. D., 927 So. 2d 139 (Fla. Dist. Ct. App. 2006)

. . . Pendrak, in violation of section 766.110, Florida Statutes. . . .

R. BURKE, v. SNYDER, D. O. d b a, 899 So. 2d 336 (Fla. Dist. Ct. App. 2005)

. . . Stat. § 766.110(1) (1997). . . . Stat. 766.110(l)(b) (1997). . . . Stat. 766.110 as medical negligence liability, rather than administrative negligence. . . . Stat. 766.110 should be considered medical negligence liability. . . . Stat. § 766.110, her allegations of negligent supervision and retention bring this statute into play. . . .

MERCY HOSPITAL, INC. v. BAUMGARDNER, M., 870 So. 2d 130 (Fla. Dist. Ct. App. 2003)

. . . of self-insurance which meets the conditions specified for satisfying financial responsibility in s. 766.110 . . .

FLORIDA HOSPITAL WATERMAN, v. STOLL, 855 So. 2d 271 (Fla. Dist. Ct. App. 2003)

. . . Hospital Waterman, Inc. is further directly liable for any non-conformities with Florida Statute § 766.110 . . .

MAKSAD v. M. KASKEL, M. D. M. M. D. P. A. a A. M. D. A. M. D. P. A. a M. M. D. d b a a, 832 So. 2d 788 (Fla. Dist. Ct. App. 2002)

. . . It also denied his request for a jury instruction that violating section 766.110, Florida Statutes (1995 . . . Sydorak’s credentialing testimony and in refusing to give the section 766.110 jury instruction is irrelevant . . . This duly has been codified in what is now section 766.110(1), Florida Statutes (1995). . . .

O SHEA, O v Dr. PHILLIPS, M. D. a, 746 So. 2d 1105 (Fla. Dist. Ct. App. 1999)

. . . Section 766.110, Florida Statutes (1997), provides: (1) All health care facilities, including hospitals . . . Section 766.110(1)(b) requires a health care facility to adopt a comprehensive risk management program . . . on a health care facility’s failure to exercise due care in fulfilling the duties imposed by section 766.110 . . . A cause of action arising under section 766.110 is a type of “medical malpractice” or “medical negligence . . . The health care facility’s liability for the misconduct of the employee is addressed by section 766.110 . . .

PALM BEACH GARDENS COMMUNITY HOSPITAL, INC. d b a AMI v. O BRIEN O O, 651 So. 2d 783 (Fla. Dist. Ct. App. 1995)

. . . distinguishable from Cruger is that, unlike in Cruger, the complaint here alleges a violation of section 766.110 . . . section 766.101(5), but noted in a footnote that it was not addressing the applicability of section 766.110 . . . We cannot agree with plaintiffs that including a claim under section 766.110(1) makes this information . . . legislature had intended for there to be an exception to section 766.101(5) for claims brought under section 766.110 . . . inability to get this information will make it difficult for them to prosecute a claim under section 766.110 . . .

MARTINEZ v. LIFEMARK HOSPITAL OF FLORIDA, INC. d b a, 608 So. 2d 855 (Fla. Dist. Ct. App. 1992)

. . . Florida Statutes § 766.110. . . .