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Florida Statute 766.112 | Lawyer Caselaw & Research
F.S. 766.112 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 766.112

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.112
766.112 Comparative fault.
(1) Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
(2) In an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to s. 768.81 is attributed to a board of trustees of a state university, the court shall enter judgment against the board of trustees on the basis of the board’s percentage of fault and not on the basis of the doctrine of joint and several liability. The sole remedy available to a claimant to collect a judgment or settlement against a board of trustees, subject to the provisions of this subsection, shall be pursuant to s. 768.28.
History.ss. 79, 80, ch. 88-1; ss. 43, 44, ch. 88-277; s. 32, ch. 91-110; s. 102, ch. 92-33; s. 1, ch. 2002-401; s. 52, ch. 2003-416.

F.S. 766.112 on Google Scholar

F.S. 766.112 on Casetext

Amendments to 766.112


Arrestable Offenses / Crimes under Fla. Stat. 766.112
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.112.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SHANDS TEACHING HOSPITAL AND CLINICS, INC. v. SIDKY, M. D. M. D. M. D. P. A. M. D. P. A., 936 So. 2d 715 (Fla. Dist. Ct. App. 2006)

. . . Under the provisions of § 766.112(2), Fla. . . . joint tortfeasor exception did not apply in the case at bar because under Florida Statutes section 766.112 . . .