(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.
Structure Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.101 - Medical Review Committee, Immunity From Liability.
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.
766.1065 - 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.
766.118 - Determination of Noneconomic Damages.
766.201 - Legislative Findings and Intent.
766.202 - Definitions; Ss. 766.201-766.212.
766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.
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.
766.211 - 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.
766.31 - 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.
766.316 - Notice to Obstetrical Patients of Participation in the Plan.