HB 497

1
A bill to be entitled
2An act relating to medical negligence; amending s.
3766.102, F.S.; specifying claims of negligence pertaining
4to certain activities of blood banks as medical negligence
5claims; providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Subsection (1) of section 766.102, Florida
10Statutes, is amended to read:
11     766.102  Medical negligence; standards of recovery; expert
12witness.--
13     (1)  In any action for recovery of damages based on the
14death or personal injury of any person in which it is alleged
15that such death or injury resulted from the negligence of a
16health care provider as defined in s. 766.202(4), the claimant
17shall have the burden of proving by the greater weight of
18evidence that the alleged actions of the health care provider
19represented a breach of the prevailing professional standard of
20care for that health care provider. The prevailing professional
21standard of care for a given health care provider shall be that
22level of care, skill, and treatment which, in light of all
23relevant surrounding circumstances, is recognized as acceptable
24and appropriate by reasonably prudent similar health care
25providers. With respect to blood banks, the collection,
26screening, testing, and processing of blood obtained from donors
27for transfusion constitutes a professional medical service
28integral to the care and treatment of patients, and any claim of
29negligence pertaining to these activities is a medical
30negligence claim.
31     Section 2.  This act shall take effect July 1, 2006.


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