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COMPARATIVE FAULT |
(STATUTES)
Disclaimer: This is part of the 2006 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.
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. |
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