(1) Each final settlement agreement relating to medical negligence shall include the following statement: “The decision to settle a case may reflect the economic practicalities pertaining to the cost of litigation and is not, alone, an admission that the insured failed to meet the required standard of care applicable to the patient’s treatment. The decision to settle a case may be made by the insurance company without consulting its client for input, unless otherwise provided by the insurance policy.”
(2) A settlement agreement involving a claim for medical negligence shall not prohibit any party to the agreement from discussing with or reporting to the Division of Medical Quality Assurance the events giving rise to the claim.
History.—s. 49, ch. 88-277; s. 53, 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.