§ 766.301, Fla. Stat. · Chapter 766. MEDICAL MALPRACTICE AND RELATED MATTERS
Legislative findings and intent.
Text — 2026 Florida Statutes
(1) The Legislature makes the following findings:
(a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such premiums have been greater for such physicians than for other physicians.
(b) Any birth other than a normal birth frequently leads to a claim against the attending physician; consequently, such physicians are among the physicians most severely affected by current medical malpractice problems.
(c) Because obstetric services are essential, it is incumbent upon the Legislature to provide a plan designed to result in the stabilization and reduction of malpractice insurance premiums for providers of such services in Florida.
(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding.
(2) It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation. This plan shall apply only to birth-related neurological injuries.
Notes and commentary — not statutory text
History
s. 60, ch. 88-1; s. 1, ch. 98-113.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html
- Text hash
- sha256 3142af4963164faaf0121ddb72d94af601eb9df974a5f1fa22233bc5dfd196fc
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
Cited by 9 provisions
Provisions in this library whose text cites § 766.301, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 95.11, Fla. Stat.Limitations other than for the recovery of real property.Printed as ss. 766.301-766.316
- § 766.302, Fla. Stat.Definitions; ss. 766.301-766.316.Printed as ss. 766.301-766.316
- § 766.303, Fla. Stat.Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.Printed as ss. 766.301-766.316
- § 766.304, Fla. Stat.Administrative law judge to determine claims.Printed as ss. 766.301-766.316
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.