Senate Bill sb2124

    Florida Senate - 2005                                  SB 2124

    By Senator Wise





    5-1196-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to medical negligence; amending

  3         s. 766.102, F.S.; providing that an agreement

  4         waiving a claimant's right to certain damages

  5         in a medical negligence action is null and

  6         void; providing an effective date.

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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

11  766.102, Florida Statutes, to read:

12         766.102  Medical negligence; standards of recovery;

13  expert witness.--

14         (13)  In any action brought pursuant to this chapter

15  for 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.

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CODING: Words stricken are deletions; words underlined are additions.