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FL S1200
Bill
AI Summary
SB 1200 Summary
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Creates a Patient Compensation System as an alternative to medical malpractice litigation, establishing a Patient Compensation Board with 11 members to administer claims for medical injuries through administrative processes rather than courts.
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Defines "medical injury" more broadly than negligence standards to include treatment that deviates from care an experienced specialist would provide, with compensation determined by an independent medical review panel using a preponderance of evidence standard.
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Requires health care providers (physicians, hospitals, nurses, therapists, and other licensed providers) to pay annual contributions ($100-$2,500 depending on provider type) to participate, with option to opt out, and mandates participating providers notify patients of their participation.
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Establishes a streamlined process where applications can be expedited if the provider supports them (30-day review) or proceed to formal review with independent medical panel (60-day investigation plus 10-day panel determination) if contested.
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Provides that findings under this system do not constitute medical malpractice determinations and excludes applications from National Practitioner Data Bank reporting, while making this the exclusive remedy for participating providers' medical injury claims.
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Requires medical error prevention and communication training for all licensed health care providers as part of licensure renewal.
Legislative Description
Compensation for Personal Injury or Wrongful Death Arising from a Medical Injury
Last Action
Died in Judiciary
5/1/2015