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FL S1588
Bill
AI Summary
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Creates the Patient Compensation System as an alternative to medical malpractice litigation, establishing a Patient Compensation Board with 11 members appointed by the Governor, Senate President, and House Speaker to oversee compensation claims for medical injuries.
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Defines "medical injury" as personal injury or wrongful death from medical treatment that would have been avoided under care of an experienced specialist, broader than negligence standards, but excludes injuries from necessary life-saving procedures and drug/device side effects unless caused by prescription or administration errors.
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Establishes an exclusive remedy for medical injury claims under this system, preventing applicants from pursuing traditional malpractice litigation against providers for covered injuries, with applications filed within 4 years of the incident.
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Requires annual provider contributions ($100-$2,500 depending on provider type and facility size) to fund system administration, with failure to pay resulting in license revocation after 60 days notice.
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Amends continuing education requirements to include a mandatory 2-hour course on prevention and communication of medical errors as part of licensure renewal for all healthcare providers.
Legislative Description
Compensation for Personal Injury or Wrongful Death Arising Out of Medical Injury
Last Action
Died in Health Regulation
3/9/2012