| 1 | A bill to be entitled |
| 2 | An act relating to medical negligence; amending s. |
| 3 | 766.102, F.S.; providing that an agreement waiving a |
| 4 | claimant's right to certain damages in a medical |
| 5 | negligence action is null and void; providing an effective |
| 6 | date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
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| 10 | Section 1. Subsection (13) is added to section 766.102, |
| 11 | Florida Statutes, to read: |
| 12 | 766.102 Medical negligence; standards of recovery; expert |
| 13 | witness.-- |
| 14 | (13) In any action brought pursuant to this chapter for |
| 15 | personal injury or wrongful death arising from the medical |
| 16 | negligence of a health care provider as defined in s. |
| 17 | 766.202(4), any agreement whereby a claimant attempts to waive |
| 18 | his or her rights as guaranteed by s. 26, Art. I of the State |
| 19 | Constitution is null and void. |
| 20 | Section 2. This act shall take effect July 1, 2005. |