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FL S1362

Bill

Status

Failed

5/2/2014

Primary Sponsor

Denise Grimsley

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Creates a Patient Compensation System (effective July 1, 2015) 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 the system administratively within the Department of Health.

  • Defines "medical injury" broadly to include personal injury or wrongful death from medical treatment that could have been avoided by an experienced specialist or optimal system of care, encompassing a wider range of cases than traditional negligence standards.

  • Establishes application process requiring patients to file with the Patient Compensation System within the timeframe specified in s. 95.11(4) for medical malpractice actions, with initial medical review within 10 days and independent medical review panels to determine if a medical injury occurred.

  • Makes compensation under this system an exclusive remedy against participating providers, prohibiting separate malpractice lawsuits; applies only to medical incidents where no notice of intent to litigate was mailed before July 1, 2015.

  • Requires annual contributions from participating providers (ranging from $100-$600 per licensee depending on profession, or $100-$200 per bed for facilities) to fund administrative expenses, with providers able to opt out by written notice 15 days before the due date.

  • Mandates completion of a 2-hour continuing education course on prevention and communication of medical errors as part of licensure and renewal for all healthcare providers.

Legislative Description

Compensation for Personal Injury or Wrongful Death Arising From a Medical Injury

Last Action

Died in Judiciary

5/2/2014

Committee Referrals

Judiciary3/4/2014

Full Bill Text

No bill text available