EMAIL US info@mcmillenlawfirm.com	IF NO RECOVERY - NO FEE OR EXPENSES	CALL US 1-800-974-4929
	WE ACCEPT MALPRACTICE CASES ALL OVER FLORIDA

 

COMPARATIVE FAULT

(STATUTES)

Disclaimer:  This is part of the 2009 version of Florida Statutes and it is offered for general information purposes.  The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case.  The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not.  Other statutes and other case law interpreting or applying these statutes may also apply to your case. 

(The information on this site applies to Florida only)

766.112  Comparative fault.--

(1)  Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party's percentage of fault and not on the basis of the doctrine of joint and several liability.

(2)  In an action for damages for personal injury or wrongful death arising out of medical negligence, whether in contract or tort, when an apportionment of damages pursuant to s. 768.81 is attributed to a board of trustees of a state university, the court shall enter judgment against the board of trustees on the basis of the board's percentage of fault and not on the basis of the doctrine of joint and several liability. The sole remedy available to a claimant to collect a judgment or settlement against a board of trustees, subject to the provisions of this subsection, shall be pursuant to s. 768.28.

History.--ss. 79, 80, ch. 88-1; ss. 43, 44, ch. 88-277; s. 32, ch. 91-110; s. 102, ch. 92-33; s. 1, ch. 2002-401; s. 52, ch. 2003-416.

Serving All of Florida - Free Consultation   Send Us an E-mail Call Toll Free  1-800-974-4929 No Fee or Expenses Unless Recovery is Obtained   ORLANDO 390 North Orange Avenue Suite 140 Orlando, Florida     32801 Phone:   (407) 843-0126 Map and Directions TAMPA BAY 2202 North West Shore Blvd. Suite 200 Tampa, Florida 33607 Phone: 813-639-7644 Map and Directions JACKSONVILLE 10151 Deerwood Park Blvd.  Bld. 200, Suite 250 Jacksonville, Florida 32256 Phone:   904-371-3518 Map and Directions MIAMI 201 South Biscayne Blvd 28th Floor Miami, Florida 33131 Phone: 1-800-974-4929 Map and Directions WEST PALM BEACH 777 South Flagler Ave. Suite 800 - West Tower 4 West Palm Beach, Florida 32256 Phone: 1-800-974-4929 Map and Directions FORT LAUDERDALE 110 East Broward Blvd Suite 1700 Fort Lauderdale, Florida 33301 Phone: 1-800-974-4929 Map And Directions SARASOTA 1990 Main Street Suite 750 Sarasota, Florida 34236 Phone: 941-309-5144 Map and Directions ATLANTA 3455 Peachtree Road N.E. 5th Floor Atlanta, Georgia 30326 Phone: 1-800-974-4929 Map and Directions