Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.


(1) No health care provider licensed pursuant to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 shall order, procure, provide, or administer unnecessary diagnostic tests, which are not reasonably calculated to assist the health care provider in arriving at a diagnosis and treatment of a patient’s condition.
(2) A violation of this section shall be grounds for disciplinary action pursuant to s. 458.331, s. 459.015, s. 460.413, s. 461.013, or s. 466.028, as applicable.
(3) Any person who prevails in a suit brought against a health care provider predicated upon a violation of this section shall recover reasonable attorney’s fees and costs.
History.—s. 26, ch. 85-175; s. 71, ch. 87-226; s. 8, ch. 96-296; s. 71, ch. 97-264.
Note.—Former s. 768.61.

Structure Florida Statutes

Florida Statutes

Title XLV - Torts

Chapter 766 - Medical Malpractice and Related Matters

766.101 - Medical Review Committee, Immunity From Liability.

766.1015 - Civil Immunity for Members of or Consultants to Certain Boards, Committees, or Other Entities.

766.1016 - Patient Safety Data Privilege.

766.102 - Medical Negligence; Standards of Recovery; Expert Witness.

766.103 - Florida Medical Consent Law.

766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing.

766.105 - Florida Patient’s Compensation Fund.

766.106 - Notice Before Filing Action for Medical Negligence; Presuit Screening Period; Offers for Admission of Liability and for Arbitration; Informal Discovery; Review.

766.1065 - Authorization for Release of Protected Health Information.

766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.

766.110 - Liability of Health Care Facilities.

766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.

766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors.

766.1116 - Health Care Practitioner; Waiver of License Renewal Fees and Continuing Education Requirements.

766.112 - Comparative Fault.

766.113 - Settlement Agreements; Prohibition on Restricting Disclosure to Division of Medical Quality Assurance.

766.118 - Determination of Noneconomic Damages.

766.1185 - Bad Faith Actions.

766.201 - Legislative Findings and Intent.

766.202 - Definitions; Ss. 766.201-766.212.

766.2021 - Limitation on Damages Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, or Prepaid Health Clinics.

766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.

766.204 - Availability of Medical Records for Presuit Investigation of Medical Negligence Claims and Defenses; Penalty.

766.205 - Presuit Discovery of Medical Negligence Claims and Defenses.

766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court.

766.207 - Voluntary Binding Arbitration of Medical Negligence Claims.

766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants.

766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration.

766.21 - Misarbitration.

766.211 - Payment of Arbitration Award; Interest.

766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.

766.301 - Legislative Findings and Intent.

766.302 - Definitions; Ss. 766.301-766.316.

766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.

766.304 - Administrative Law Judge to Determine Claims.

766.305 - Filing of Claims and Responses; Medical Disciplinary Review.

766.306 - Tolling of Statute of Limitations.

766.307 - Hearing; Parties; Discovery.

766.309 - Determination of Claims; Presumption; Findings of Administrative Law Judge Binding on Participants.

766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.

766.311 - Conclusiveness of Determination or Award; Appeal.

766.312 - Enforcement of Awards.

766.313 - Limitation on Claim.

766.314 - Assessments; Plan of Operation.

766.3145 - Code of Ethics.

766.315 - Florida Birth-Related Neurological Injury Compensation Association; Board of Directors; Notice of Meetings; Report.

766.316 - Notice to Obstetrical Patients of Participation in the Plan.