Senate Bill sb1944

    Florida Senate - 2006                                  SB 1944

    By Senator Clary





    4-1434-06                                           See HB 497

  1                      A bill to be entitled

  2         An act relating to medical negligence; amending

  3         s. 766.102, F.S.; specifying claims of

  4         negligence pertaining to certain activities of

  5         blood banks as medical negligence claims;

  6         providing an effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Subsection (1) of section 766.102, Florida

11  Statutes, is amended to read:

12         766.102  Medical negligence; standards of recovery;

13  expert witness.--

14         (1)  In any action for recovery of damages based on the

15  death or personal injury of any person in which it is alleged

16  that such death or injury resulted from the negligence of a

17  health care provider as defined in s. 766.202(4), the claimant

18  shall have the burden of proving by the greater weight of

19  evidence that the alleged actions of the health care provider

20  represented a breach of the prevailing professional standard

21  of care for that health care provider. The prevailing

22  professional standard of care for a given health care provider

23  shall be that level of care, skill, and treatment which, in

24  light of all relevant surrounding circumstances, is recognized

25  as acceptable and appropriate by reasonably prudent similar

26  health care providers. With respect to blood banks, the

27  collection, screening, testing, and processing of blood

28  obtained from donors for transfusion constitutes a

29  professional medical service integral to the care and

30  treatment of patients, and any claim of negligence pertaining

31  to these activities is a medical negligence claim.

                                  1

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






    Florida Senate - 2006                                  SB 1944
    4-1434-06                                           See HB 497




 1         Section 2.  This act shall take effect July 1, 2006.

 2  

 3  

 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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