1 | A bill to be entitled |
2 | An act relating to medical negligence; amending s. |
3 | 766.102, F.S.; specifying claims of negligence pertaining |
4 | to certain activities of blood banks as medical negligence |
5 | claims; providing an effective date. |
6 |
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7 | Be It Enacted by the Legislature of the State of Florida: |
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9 | Section 1. Subsection (1) of section 766.102, Florida |
10 | Statutes, is amended to read: |
11 | 766.102 Medical negligence; standards of recovery; expert |
12 | witness.-- |
13 | (1) In any action for recovery of damages based on the |
14 | death or personal injury of any person in which it is alleged |
15 | that such death or injury resulted from the negligence of a |
16 | health care provider as defined in s. 766.202(4), the claimant |
17 | shall have the burden of proving by the greater weight of |
18 | evidence that the alleged actions of the health care provider |
19 | represented a breach of the prevailing professional standard of |
20 | care for that health care provider. The prevailing professional |
21 | standard of care for a given health care provider shall be that |
22 | level of care, skill, and treatment which, in light of all |
23 | relevant surrounding circumstances, is recognized as acceptable |
24 | and appropriate by reasonably prudent similar health care |
25 | providers. With respect to blood banks, the collection, |
26 | screening, testing, and processing of blood obtained from donors |
27 | for transfusion constitutes a professional medical service |
28 | integral to the care and treatment of patients, and any claim of |
29 | negligence pertaining to these activities is a medical |
30 | negligence claim. |
31 | Section 2. This act shall take effect July 1, 2006. |