SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620, 1st Eng.
    Amendment No. ___   Barcode 593640
                            CHAMBER ACTION
              Senate                               House
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       04/24/2003 12:03 PM         .                    
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11  Senator Wasserman Schultz moved the following amendment:
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13         Senate Amendment 
14         On page 33, line 3, through
15         On page 34, line 31, delete those lines
16  
17  and insert:  
18         Section 17.  Subsections (3), (4), (5), (6), (7), (8),
19  and (9) are added to section 766.110, Florida Statutes, to
20  read:
21         766.110  Liability of health care facilities.--
22         (3)  Members of the medical staff of a hospital
23  licensed under chapter 395 and any professional group
24  comprised of such persons shall be immune from liability for
25  all noneconomic damages in excess of $100,000 per incident
26  arising from medical injuries to patients resulting from
27  negligent acts or omissions of such medical staff members in
28  the performance of emergency medical services as defined in s.
29  768.13(2), and no member of the medical staff of a hospital
30  and no professional group comprised of such persons shall be
31  liable to pay any noneconomic damages in excess of $100,000 to
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    8:49 AM   04/24/03                              s0564c3b-34k0x

SENATE AMENDMENT Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620, 1st Eng. Amendment No. ___ Barcode 593640 1 any person or persons for any single incident of medical 2 negligence that causes injuries to a patient or patients in 3 the performance of emergency medical services. 4 (4) Subject to the limitations set forth in subsection 5 (5), every hospital licensed under chapter 395 shall assume 6 liability for all noneconomic damages in excess of $100,000 7 per incident arising from medical injuries to patients 8 resulting from negligent acts or omissions on the part of 9 members of its medical staff in the performance of emergency 10 medical services as defined by s. 768.13(2). A health care 11 provider under s. 768.28(9)(b)2.b. does not include a licensed 12 health care practitioner who is providing emergency services 13 to a person with whom the practitioner has an established 14 provider-patient relationship outside of the emergency room 15 setting. 16 (5) No person or persons may recover noneconomic 17 damages from a hospital licensed under chapter 395, or its 18 insurer, in excess of $2.5 million per incident arising from 19 medical injuries to a patient or patients caused by negligent 20 acts or omissions on the part of the hospital or members of 21 the hospital's medical staff in the performance of emergency 22 medical services as defined in s. 768.13(2), and no hospital 23 or hospital insurer shall be liable to pay any claim or 24 judgment for noneconomic damages in an amount in excess of 25 $2.5 million for a single incident of medical negligence on 26 the part of the hospital or members of the hospital's medical 27 staff that causes injuries to a patient or patients in the 28 performance of emergency medical services. 29 (6) There shall be no limitation on the recovery of 30 economic damages for all claims arising under this section. 31 (7) Because of the overriding public necessity for 2 8:49 AM 04/24/03 s0564c3b-34k0x
SENATE AMENDMENT Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620, 1st Eng. Amendment No. ___ Barcode 593640 1 hospitals to provide trauma care and emergency medical 2 services to the public at large, the state assumes 3 responsibility for payment of noneconomic damages to persons 4 who are barred from recovery of certain damages due to 5 subsection (5). Application for payment of such noneconomic 6 damages shall commence with the filing of a claims bill. The 7 Legislature shall process a claims bill for compensation under 8 this subsection in the same manner as a claims bill that seeks 9 compensation for damages barred from recovery under the 10 doctrine of sovereign immunity. 11 (8) No attorney may charge, demand, receive, or 12 collect, for services rendered, fees in excess of 25 percent 13 of any amount awarded by the Legislature pursuant to 14 subsection (6). 15 (9) Nothing in this section constitutes a waiver of 16 sovereign immunity under s. 768.28, nor shall this section 17 impair the immunities currently recognized for public 18 hospitals or teaching hospitals as defined in s. 408.07. 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:49 AM 04/24/03 s0564c3b-34k0x