Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.21 - Misarbitration.


(1) At any time during the course of voluntary binding arbitration of a medical negligence claim pursuant to s. 766.207, the administrative law judge serving as chief arbitrator on the arbitration panel, if he or she determines that agreement cannot be reached, shall be authorized to dissolve the arbitration panel and request the director of the Division of Administrative Hearings to appoint two new arbitrators from lists of three to five names timely provided by each party to the arbitration. Not more than one arbitrator shall be appointed from the list provided by any party, unless only one list is timely filed.
(2) Upon appointment of the new arbitrators, arbitration shall proceed at the direction of the chief arbitrator in accordance with the provisions of ss. 766.201-766.212.
(3) At any time after the allocation arbitration hearing under s. 766.208 has concluded, the administrative law judge serving as chief arbitrator on the arbitration panel is authorized to dissolve the arbitration panel and declare the proceedings concluded if he or she determines that agreement cannot be reached.
History.—s. 57, ch. 88-1; s. 33, ch. 88-277; s. 306, ch. 96-410; s. 1802, ch. 97-102.

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.