Florida/Georgia Personal Injury & Workers Compensation

...o recover any costs and attorneys' fees incurred in connection with arbitration and mediation proceedings under this section as part of the costs and fees that may be recovered by the prevailing party in any subsequent litigation" (emphasis added)); § 766.111(3), Fla....

...the claims of performing unnecessary diagnostic testing, or of negligence, then your verdict on these claims should be for Dr. Luz Vazquez and the Heart Institute of Port St. Lucie. The jury returned a verdict for the Defendants. Dean contends that section 766.111 of Florida Statutes—engaging in unnecessary diagnostic testing—provides for recovery independent of proof of damages, and the jury instructions were given in error....

...Parham, 745 So.2d 946 (Fla.1999.) The intention of the legislature in enacting Chapter 766 was, inter alia, to curtail frivolous claims, promote settlement and reduce the high cost of medical malpractice insurance. See id. at 946; see also Cohen v. Dauphinee, 739 So.2d 68 (Fla. 1999). We must read section 766.111 in pari materia and in so doing we conclude that the reading urged by Dean would create a cause of action not intended by the legislature....

..., or care." Id. at 1186 (emphasis added.) Because the reading Dean would have this Court adopt would be far more broad than intended, essentially circumventing the requirements of section 766.102, we reject it. We find that the plain language of the section 766.111 does not establish a cause of action independent of the requirements of section 766.102. Therefore, because the trial court's inclusion of the language regarding "damages" accurately states the applicable law under section 766.111 we affirm....

...Haynes sued Blackshear for, among other things, medical negligence (count one) due to the damage to her right kidney and for ordering and administering unnecessary diagnostic tests—specifically the February 15 carotid arteriogram test and March 10 renal vein renin assay—in violation of section 766.111, Florida Statutes (2010) (count four). 3  At trial, Ms....

...show that a claimed injury resulting from the procedure was not of the type "within the necessary or reasonably foreseeable results of" that procedure when carried out "by a reasonably prudent similar health care provider." § 766.102(2)(a). Additionally, section 766.111(1) bars a health care provider from ordering or performing diagnostic tests "not reasonably calculated to assist the health care provider in arriving at a diagnosis and treatment of a patient's condition." Whether testing is unnecessary depends on the standard of care applicable to a given situation....

...relevant surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably careful physicians." Florida statutes likewise codify the negligence standards governing the performance of unnecessary diagnostic procedures. Section 766.111(1), Florida Statutes (2002), provides, in pertinent part that "[n]o health care provider ....