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FL S1308

Bill

Status

Failed

3/11/2016

Primary Sponsor

Alan Hays

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Creates the Patient Compensation System effective July 1, 2017, as an alternative to medical malpractice litigation, governed by an 11-member Patient Compensation Board appointed by the Governor with representation from medical, legal, patient, and business communities.

  • Establishes a "medical injury" definition broader than negligence standards, requiring participating providers to have paid annual contributions ranging from $1,800 to $21,900 based on specialty, with applications filed through a toll-free number and reviewed by independent medical panels.

  • Limits compensation by offsetting collateral source payments (insurance, Social Security, disability benefits) and prohibits wrongful death claims filed by adult children on behalf of parents or vice versa.

  • Makes the Patient Compensation System the exclusive remedy for medical injuries caused by participating providers, preventing lawsuits against those providers and eliminating National Practitioner Data Bank reporting for applications.

  • Requires healthcare providers to complete a 2-hour course on communication of medical errors as part of licensure renewal and mandates annual reporting to the Governor and Legislature on application filings and compensation awarded.

Legislative Description

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

Last Action

Died in Health Policy

3/11/2016

Committee Referrals

Health Policy1/11/2016

Full Bill Text

No bill text available