| 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: |
| 8 |
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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. |