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Florida Statute 766.202 | Lawyer Caselaw & Research
F.S. 766.202 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS
View Entire Chapter
F.S. 766.202
766.202 Definitions; ss. 766.201-766.212.As used in ss. 766.201-766.212, the term:
(1) “Claimant” means any person who has a cause of action for damages based on personal injury or wrongful death arising from medical negligence.
(2) “Collateral sources” means any payments made to the claimant, or made on his or her behalf, by or pursuant to:
(a) The United States Social Security Act; any federal, state, or local income disability act; or any other public programs providing medical expenses, disability payments, or other similar benefits, except as prohibited by federal law.
(b) Any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or her or provided by others.
(c) Any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services.
(d) Any contractual or voluntary wage continuation plan provided by employers or by any other system intended to provide wages during a period of disability.
(3) “Economic damages” means financial losses that would not have occurred but for the injury giving rise to the cause of action, including, but not limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity to the extent the claimant is entitled to recover such damages under general law, including the Wrongful Death Act.
(4) “Health care provider” means any hospital or ambulatory surgical center as defined and licensed under chapter 395; a birth center licensed under chapter 383; any person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, part I of chapter 464, chapter 466, chapter 467, part XIV of chapter 468, or chapter 486; a health maintenance organization certificated under part I of chapter 641; a blood bank; a plasma center; an industrial clinic; a renal dialysis facility; or a professional association partnership, corporation, joint venture, or other association for professional activity by health care providers.
(5) “Investigation” means that an attorney has reviewed the case against each and every potential defendant and has consulted with a medical expert and has obtained a written opinion from said expert.
(6) “Medical expert” means a person duly and regularly engaged in the practice of his or her profession who holds a health care professional degree from a university or college and who meets the requirements of an expert witness as set forth in s. 766.102.
(7) “Medical negligence” means medical malpractice, whether grounded in tort or in contract.
(8) “Noneconomic damages” means nonfinancial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other nonfinancial losses to the extent the claimant is entitled to recover such damages under general law, including the Wrongful Death Act.
(9) “Periodic payment” means provision for the structuring of future economic damages payments, in whole or in part, over a period of time, as follows:
(a) A specific finding of the dollar amount of periodic payments which will compensate for these future damages after offset for collateral sources shall be made. The total dollar amount of the periodic payments shall equal the dollar amount of all such future damages before any reduction to present value.
(b) The defendant shall be required to post a bond or security or otherwise to assure full payment of these damages awarded. A bond is not adequate unless it is written by a company authorized to do business in this state and is rated A+ by Best’s. If the defendant is unable to adequately assure full payment of the damages, all damages, reduced to present value, shall be paid to the claimant in a lump sum. No bond may be canceled or be subject to cancellation unless at least 60 days’ advance written notice is filed with the court and the claimant. Upon termination of periodic payments, the security, or so much as remains, shall be returned to the defendant.
(c) The provision for payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made.
History.s. 49, ch. 88-1; s. 1153, ch. 97-102; s. 58, ch. 2003-416; s. 3, ch. 2011-195; s. 125, ch. 2018-24.

F.S. 766.202 on Google Scholar

F.S. 766.202 on Casetext

Amendments to 766.202


Arrestable Offenses / Crimes under Fla. Stat. 766.202
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.202.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS v. A. KARR, M. D. M. D. P. A. D B A M. D., 264 So. 3d 279 (Fla. App. Ct. 2019)

. . . a verified written medical expert opinion from a medical expert as that term is defined in section 766.202 . . .

L. MORRIS, v. S. MUNIZ, M. D., 252 So. 3d 1143 (Fla. 2018)

. . . . § 766.202(6), Fla. Stat. (2011). The record reveals that at the time Dr. . . . The term "medical expert" is defined in section 766.202(6) as "a person duly and regularly engaged in . . . Section 766.202(6) expressly provides that the person must also hold a certain professional degree and . . . When reviewing the distinct requirements of sections 766.202(6) and 766.102 together, it is clear that . . . See § 766.202(6), Fla. Stat. The majority dismisses the notion that Dr. . . . See § 766.202, Fla. Stat. (Supp. 1988). . . . Thompson was not qualified. §§ 766.202(6) ; 766.102(5)(a)2., Fla. Stat. (2011). . . . Sections 766.202 and 766.102 were amended in 2003. Ch. 2003-416, § 48, Laws of Fla. . . . ." § 766.202(5), Fla. Stat. (2002). There was no cross-reference to section 766.102. Id. . . . An analysis of the bill that amended sections 766.202 and 766.102 suggests that the changes were made . . .

SHANDS JACKSONVILLE MEDICAL CENTER, INC. v. PUSHA,, 254 So. 3d 1076 (Fla. App. Ct. 2018)

. . . ." § 766.202(1), Fla. Stat. (2011). . . .

RODRIGUEZ v. NICOLITZ, M. D. M. D., 246 So. 3d 550 (Fla. App. Ct. 2018)

. . . required to submit a "verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . A medical expert as defined in section 766.202(6) is "a person duly and regularly engaged in the practice . . .

NATIONAL DEAF ACADEMY, LLC, v. TOWNES,, 242 So. 3d 303 (Fla. 2018)

. . . It is undisputed that the National Deaf Academy is not a health care provider, as defined in section 766.202 . . .

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d b a v. DIVISION OF ADMINISTRATIVE HEARINGS A. B. a, 243 So. 3d 985 (Fla. App. Ct. 2018)

. . . Section 766.202(3) and (8), Florida Statutes (2014), define economic and non-economic damages as follows . . .

CLARE, M. D. v. LYNCH,, 220 So. 3d 1258 (Fla. Dist. Ct. App. 2017)

. . . including “submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a “medical expert” as a person duly and regularly engaged in the practice . . .

DOCKSWELL, v. BETHESDA MEMORIAL HOSPITAL, INC., 210 So. 3d 1201 (Fla. 2017)

. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . . Id. § 766.202(5). . . .

ST. JOSEPH S HOSPITAL, INC. v. DOE,, 208 So. 3d 1200 (Fla. Dist. Ct. App. 2017)

. . . Section 766.202(7) defines “medical negligence” as “medical malpractice, whether grounded in tort or . . .

BERY, v. FAHEL, D. O., 194 So. 3d 1099 (Fla. Dist. Ct. App. 2016)

. . . review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202 . . .

TOWNES, v. NATIONAL DEAF ACADEMY, LLC,, 197 So. 3d 1130 (Fla. Dist. Ct. App. 2016)

. . . employees who administered the TACT protective hold on Perry are healthcare providers under section 766.202 . . .

L. MORRIS, S. v. S. MUNIZ, M. D. OB GYN d b a G. M. D., 189 So. 3d 348 (Fla. Dist. Ct. App. 2016)

. . . The expert must meet the qualifications set forth in sections 766.202(6) and 766.102(5). . . . not contain a verified .written medical expert opinion by an expert witness as defined under section 766.202 . . . .” § 766.202(6), Fla. Stat. (2011). . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. LONG,, 189 So. 3d 335 (Fla. Dist. Ct. App. 2016)

. . . Section 766.202(6), Florida Statutes (2013), defines “medical expert” as “a person duly and regularly . . .

DOE, v. BAPTIST PRIMARY CARE, INC., 177 So. 3d 669 (Fla. Dist. Ct. App. 2015)

. . . read section 766.106(l)(a), Florida Statutes (defining a claim for medicál negligence), and section 766.202 . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. d b a v. ESTATE OF ASHLEY LAWSON, LAWSON,, 175 So. 3d 327 (Fla. Dist. Ct. App. 2015)

. . . See, e.g., § 766.202, Fla. Stat. . . .

SALAZAR, v. COELLO, M. D., 154 So. 3d 430 (Fla. Dist. Ct. App. 2014)

. . . A review of Chapter 766 reveals that subsection 766.202(5) defines “investigate” to mean “that an attorney . . .

HOLMES REGIONAL MEDICAL CENTER, INC. v. DUMIGAN, 151 So. 3d 1282 (Fla. Dist. Ct. App. 2014)

. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .

ESTATE OF McCALL, v. UNITED STATES, 134 So. 3d 894 (Fla. 2014)

. . . Section 766.202(8), Florida Statutes (2005), defines noneconomic damages as "nonfinancial losses that . . . .” § 766.202(8), Fla. Stat. (2005) (incorporated in § 766.118(l)(b), Fla. Stat. (2005)). . . .

EDWARDS, v. SUNRISE OPHTHALMOLOGY ASC, LLC, d b a A. M. D., 134 So. 3d 1056 (Fla. Dist. Ct. App. 2013)

. . . ophthalmologist subsequently filed an Answer, asserting noncompliance with sections 766.102, 766.106, 766.202 . . . corroborating written medical expert.opinion in compliance with the requirements of F.S. 766.203(2), F.S. 766.202 . . . required to submit “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a medical expert as “a person ... engaged in the practice of his or her profession . . . university or college and who meets the requirements of an expert witness as set forth in s. 766.102.” § 766.202 . . . plaintiff must submit “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines a medical expert as “a person duly and regularly engaged in the practice of . . .

ACOSTA, v. HEALTHSPRING OF FLORIDA, INC., 118 So. 3d 246 (Fla. Dist. Ct. App. 2013)

. . . . § 766.202(4), Fla. Stat. (2009). . . .

FRANKS, v. BOWERS, M. D., 116 So. 3d 1240 (Fla. 2013)

. . . ) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s.766.202 . . . ) Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s.766.202 . . .

ESTRADA v. MERCY HOSPITAL, INC. P. A. M. D., 121 So. 3d 51 (Fla. Dist. Ct. App. 2013)

. . . . § 766.202(3), Fla. Stat. (2012). . . .

LAKELAND REGIONAL MEDICAL CENTER, a v. PILGRIM, a, 107 So. 3d 505 (Fla. Dist. Ct. App. 2013)

. . . .” § 766.202(7). . . . .

PIERROT, v. OSCEOLA MENTAL HEALTH, INC., 106 So. 3d 491 (Fla. Dist. Ct. App. 2013)

. . . Section 766.203 is governed by the definition of health care provider in section 766.202(4). . . . See § 766.202. . . . Section 766.202(4) does not list mental health facilities licensed under chapter 394, and it is likewise . . .

C. RELL, D. P. M. P. A. v. McCULLA, 101 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

FITCHNER, v. LIFESOUTH COMMUNITY BLOOD CENTERS, INC. a, 88 So. 3d 269 (Fla. Dist. Ct. App. 2012)

. . . In support of its motion, Life-South relied on the 2003 amendment to section 766.202(4) Florida Statutes . . . The court ruled that LifeSouth is a health care provider, as defined in section 766.202(4), but it denied . . .

BERRY D. v. PADDEN, M. D., 84 So. 3d 1145 (Fla. Dist. Ct. App. 2012)

. . . review of the claim and a verified written medical expert opinion by an expert witness as defined in s. 766.202 . . .

HOUSTON, v. GEO,, 73 So. 3d 323 (Fla. Dist. Ct. App. 2011)

. . . malpractice because he failed to produce a verifiable, corroborating medical expert opinion under section 766.202 . . .

JOSEPH, v. UNIVERSITY BEHAVIORAL LLC,, 71 So. 3d 913 (Fla. Dist. Ct. App. 2011)

. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .

HERBER, v. MARTIN MEMORIAL MEDICAL CENTER, INC., 76 So. 3d 1 (Fla. Dist. Ct. App. 2011)

. . . failure to timely provide medical records waived the requirement of a “written opinion” under subsection 766.202 . . .

GALENCARE, INC. d b a A. G. n k a S. E. HCA, v. MOSLEY,, 59 So. 3d 138 (Fla. Dist. Ct. App. 2011)

. . . that such death or injury resulted from the negligence of a health care provider as defined in - s. 766.202 . . . Under section 766.202(4), a health care provider is any hospital, ambulatory surgical center, or mobile . . . The language of sections 766.102(1) and 766.202(4) is unambiguous, and our conclusion regarding the Pharmacists . . .

HOLMES REGIONAL MEDICAL CENTER, INC. v. WIRTH, 49 So. 3d 802 (Fla. Dist. Ct. App. 2010)

. . . corroborated with a “verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . university or college and who meets the requirements of an expert witness as set forth in s. 766.102.” § 766.202 . . . Id. at 287 ("We conclude that a plain reading of section 766.202(5) indicates that a nurse or any other . . .

M. D. a v. UNITED STATES, 745 F. Supp. 2d 1274 (M.D. Fla. 2010)

. . . . § 766.202(8), Fla. Stat. (2007). . . .

OLIVEROS, v. ADVENTIST HEALTH SYSTEMS SUNBELT, INC. d b a d b a Dr. D. Dr. LLC., 45 So. 3d 873 (Fla. Dist. Ct. App. 2010)

. . . Section 766.203(2) requires a corroborating affidavit from a medical expert as defined in section 766.202 . . . Section 766.202(6) provides that a medical expert must meet the requirements of an expert witness as . . .

BAPTIST MEDICAL CENTER OF BEACHES, INC. v. RHODIN, 40 So. 3d 112 (Fla. Dist. Ct. App. 2010)

. . . Section 766.102(5), Florida Statutes (2009), as referenced in section 766.202(6), defines the “requirements . . . See § 766.202(4), Fla. Stat. (2009). . . . Byrne’s qualifications under section 766.202, Florida Statutes (2009), which defines “medical expert” . . . The term “medical expert” as used in section 766.202(6) is a term of art delineated by that statute. . . . Byrne is “duly and regularly engaged” in the practice of nursing under section 766.202(6) and satisfies . . .

HOLDEN, v. BOBER, M. D. Gu, M. D. W. M. D. P. A. d b a d b a, 39 So. 3d 396 (Fla. Dist. Ct. App. 2010)

. . . submitting a verified written medical expert opinion from a medical expert as defined under section 766.202 . . . Section 766.202(6), in turn, defines a “medical expert” as someone who meets the requirements of an expert . . . because he did not attach a corroborating affidavit of a medical expert that complied with section 766.202 . . .

B. DIRGA, v. A. BUTLER, M. D., 39 So. 3d 388 (Fla. Dist. Ct. App. 2010)

. . . Butler is not a “health care provider” as defined in section 766.202(4), Florida Statutes, we find that . . . The term “health care provider” is defined in section 766.202(4), Florida Statutes (2003) as any hospital . . . Given the unambiguous language of section 766.202(4), Florida Statutes, and Florida courts’ strict construction . . . 766.102(1) was updated to reference the newly-added definition of “health care provider” in section 766.202 . . .

SAMPLES v. FLORIDA BIRTH- RELATED NEUROLOGICAL,, 40 So. 3d 18 (Fla. Dist. Ct. App. 2010)

. . . .” § 766.202(1), Fla. Stat. As seen in St. . . .

SOUTH MIAMI HOSPITAL, INC. v. M. PEREZ L., 38 So. 3d 809 (Fla. Dist. Ct. App. 2010)

. . . .” § 766.202(7), Fla. Stat. (2008). . . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .

PARHAM, L. v. FLORIDA HEALTH SCIENCES CENTER, INC. d b a, 35 So. 3d 920 (Fla. Dist. Ct. App. 2010)

. . . )Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . .

JEFFREY A. HUNT, D. O. P. A. d b a v. HUPPMAN,, 28 So. 3d 989 (Fla. Dist. Ct. App. 2010)

. . . litigation” in the form of “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) defines medical expert as “a person duly and regularly engaged in the practice of . . . Thus, under sections 766.203(2), 766.202(6), and 766.102(5), the written expert opinion that accompanies . . . knowledge or skill about the subject upon which he or she is called to testify or provide an opinion.” § 766.202 . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

FLORIDA BIRTH- RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, v. DEPARTMENT OF ADMINISTRATIVE HEARINGS, v. v., 29 So. 3d 992 (Fla. 2010)

. . . Stat. (1997); § 766.202(4), Fla. Stat. (2009). And “health care facility” includes a hospital. . . .

DR. NAVARRO S VEIN CENTRE OF PALM BEACH, INC. M. D. v. MILLER,, 22 So. 3d 776 (Fla. Dist. Ct. App. 2009)

. . . memorandum of law, the defendants indicated that the doctor was a health care provider as defined in section 766.202 . . .

ESTATE OF McCALL, v. UNITED STATES, 663 F. Supp. 2d 1276 (N.D. Fla. 2009)

. . . . § 766.202(8) (incorporated in Fla. Stat. § 766.118(l)(b)). . . . Stat. § 766.202(1). . . .

OKEN, M. D. a v. WILLIAMS,, 23 So. 3d 140 (Fla. Dist. Ct. App. 2009)

. . . requirements by failing to attach a corroborating affidavit of a “medical expert” as defined by section 766.202 . . . Foster to be a qualified medical expert within the meaning of section 766.202, Florida Statutes (2007 . . . affidavit of reasonable grounds to initiate medical negligence from a medical expert as defined in section 766.202 . . . Section 766.202(6) defines a medical expert as: [A] person duly and regularly engaged in the practice . . .

LIFEMARK HOSPITALS OF FLORIDA, INC. d b a v. AFONSO,, 4 So. 3d 764 (Fla. Dist. Ct. App. 2009)

. . . The arbitration panel decided that the economic damages recoverable pursuant to sections 766.202(3) and . . . The legislature also amended section 766.202(3), adding the underlined language: “Economic damages” means . . . The arbitration panel rejected the hospital’s argument that the 2008 amendments to sections 766.202 and . . . Whatever clarity is lacking in section 766.207(7) seems to have been resolved in section 766.202(3), . . . Section 766.202(3) must be read in pari materia with section 766.207(7). . . .

GONZALEZ, v. F. TRACY, D. P. M., 994 So. 2d 402 (Fla. Dist. Ct. App. 2008)

. . . Lazzarin’s affidavit failed to satisfy the requirements of sections 766.102, 766.202, and 766.203, Florida . . . Section 766.202(6), Florida Statutes (2006), defines "medical expert” as "a person duly and regularly . . .

MARAJ v. NORTH BROWARD HOSPITAL DISTRICT,, 989 So. 2d 682 (Fla. Dist. Ct. App. 2008)

. . . file the claim with “a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . Section 766.202(6) requires an expert to meet the requirements contained in section 766.102. . . .

JACKSON, v. J. MORILLO, M. D., 976 So. 2d 1125 (Fla. Dist. Ct. App. 2007)

. . . Morillo and failed to name him despite section 766.202(5)’s requirement that an attorney review the case . . . Section 766.202(5) provides that “ ‘^Investigation’ means that an attorney has reviewed the case against . . .

TANDEM HEALTHCARE, INC. a d b a a v. BENJAMIN, 969 So. 2d 519 (Fla. Dist. Ct. App. 2007)

. . . . §§ 766.1115(3)(d)8, 766.1116(1), & 766.202(4), Fla. Stat. (2004). . . .

LIFESOUTH COMMUNITY BLOOD CENTERS, INC. v. FITCHNER, v. a, 970 So. 2d 379 (Fla. Dist. Ct. App. 2007)

. . . In 2003, the Legislature amended section 766.202, Florida Statutes, to define “health care provider” . . . negligence; standards of recovery; expert, witness,” the Legislature added a specific reference to section 766.202 . . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . . Additionally, as previously stated, section 766.202(4), Florida Statutes (2003), provides: “Health care . . . Clinical laboratories licensed under chapter 483 are health care providers as defined in section 766.202 . . .

HESTERLY, v. ROYAL CARIBBEAN CRUISES LTD. A M. D. M. D. M. D., 515 F. Supp. 2d 1278 (S.D. Fla. 2007)

. . . . § 766.202(4) is a question of fact which cannot be resolved at the Motion to Dismiss stage. . . . Stat. § 766.202(4). . . . Stat. § 766.202(4). . . . Stat. § 766.202(4) is inapplicable. . . . Stat. § 766.202(4) to be applicable, any cause of action arising under this statute would run counter . . .

J. CORBO, P. A. v. GARCIA,, 949 So. 2d 366 (Fla. Dist. Ct. App. 2007)

. . . Section 766.102(1) refers to the definition of health care provider in section 766.202(4), which includes . . .

E. MICHAEL, S. v. MEDICAL STAFFING NETWORK, INC. d b a R. N., 947 So. 2d 614 (Fla. Dist. Ct. App. 2007)

. . . See § 766.202(4), Fla. Stat. (2004). . . .

MIRZA, M. D. v. TROMBLEY, 946 So. 2d 1096 (Fla. Dist. Ct. App. 2006)

. . . See § 766.202(5), Fla. Stat. (2004). . . . Section 766.202(5) defines “investigation” to mean “that an attorney has reviewed the case against each . . .

ANDERSON, v. B. WAGNER, DPM,, 955 So. 2d 586 (Fla. Dist. Ct. App. 2006)

. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

UNIVERSITY OF MIAMI, v. WILSON,, 948 So. 2d 774 (Fla. Dist. Ct. App. 2006)

. . . Section 766.202(1) states: “Claimant” means any person who has a cause of action for damages based on . . . personal injury or wrongful death arising from medical negligence. § 766.202(1), Fla. . . . provision commands that the person who gives notice must be the “claimant [with the] cause of action.” § 766.202 . . . Salmon were not “claimants” pursuant to sections 766.106(2) and 766.202(1) of Florida’s Medical Malpractice . . .

BRAVO a v. UNITED STATES M. D., 403 F. Supp. 2d 1182 (S.D. Fla. 2005)

. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .

MOBLEY, v. GILBERT E. HIRSCHBERG, P. A., 915 So. 2d 217 (Fla. Dist. Ct. App. 2005)

. . . Chapter 466, Florida Statutes (2004), a dentist is a "health care provider” within the meaning of section 766.202 . . .

BONATI, M. D. M. D. P. A. v. ALLEN, D. O. R. M. D. M. M. D., 911 So. 2d 285 (Fla. Dist. Ct. App. 2005)

. . . .” § 766.202(4). We agree with Dr. . . .

LARGIE v. GREGORIAN, M. D. M. D. P. A. A. R. N. P. C. M. D. M. D. P. A., 913 So. 2d 635 (Fla. Dist. Ct. App. 2005)

. . . . § 766.202(4), Fla. Stat. (2002). . . . Stat. (2004)(requiring a corroborating opinion from a medical expert as defined in section 766.202(6) . . . ); § 766.202(6), Fla. . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s.766.202 . . .

J. PALEY, M. D. M. D. v. MARAJ, 910 So. 2d 282 (Fla. Dist. Ct. App. 2005)

. . . The definition of medical expert contained in section 766.202(6) is one who meets the requirement of . . . As is apparent from our analysis above, however, section 766.202(6), which was enacted in 2003, has eliminated . . . Although the incident in this case occurred in 2001, prior to the passage of section 766.202(6), the . . .

R. BURKE, v. SNYDER, D. O. d b a, 899 So. 2d 336 (Fla. Dist. Ct. App. 2005)

. . . Florida Supreme Court has read the two definitions of “medical negligence” found in sections 766.106 and 766.202 . . .

J. YOCOM, D. C. v. WUESTHOFF HEALTH SYSTEMS, INC., 880 So. 2d 787 (Fla. Dist. Ct. App. 2004)

. . . See § 766.202(5), Fla. Stat. (2002); Apostolico v. . . . Compare section 766.202(6), Florida Statutes (2003), with section 766.202(5), Florida Statutes (2002) . . .

TENET ST. MARY S INC. d b a St. s v. SERRATORE,, 869 So. 2d 729 (Fla. Dist. Ct. App. 2004)

. . . alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202 . . .

APOSTOLICO, v. ORLANDO REGIONAL HEALTH CARE SYSTEM, INC., 871 So. 2d 283 (Fla. Dist. Ct. App. 2004)

. . . It begins by providing that to qualify under section 766.202(5) a “medical expert” must be “a person . . . See, e.g., Dingler (recognizing that under section 766.202(5), a person may qualify as a medical expert . . . Section 766.202(5), Florida Statutes (2002), provides that ‘‘[a]s used in ss. 766.201-766.212, the term . . . These definitions lead us to conclude that section 766.202(5) provides a less stringent standard for . . . Specifically, the court stated that "health care providers” as contemplated under section 766.202(5), . . .

BARLOW, v. NORTH OKALOOSA MEDICAL CENTER,, 877 So. 2d 655 (Fla. 2004)

. . . Economic damages are defined in section 766.202(3). . . . . § 766.202(3), Fla. Stat. (2002). . . . financial loss[ ] which would not have occurred but for the injury giving rise to the cause of action,” § 766.202 . . . That Task Force expressly recommended that the Legislature amend sections 766.202 and 766.207 to specifically . . . And the Legislature followed this recommendation by so amending sections 766.202 and 766.207. . . . Section 766.202 defines “economic damages ” as financial losses which would not have occurred but for . . . limited to, past and future medical expenses and 80 percent of wage loss and loss of earning capacity. § 766.202 . . . Specifically, we concluded: The plain language of sections 766.202(3) and 766.207(7)(a) indicates that . . . See §§ 766.202(2), 766.207(7)(a). . . . .” § 766.202(3) (emphasis supplied). . . .

CHESTER, v. DOIG, M. D., 842 So. 2d 106 (Fla. 2003)

. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . provided by employers or by any other system intended to provide wages during a period of disability. § 766.202 . . . setoff available in a medical malpractice arbitration is for collateral sources as defined by section 766.202 . . . Section 766.202(3), Florida Statutes (1997), defines economic damages as: “Economic damages” means financial . . . Section 766.202(7), Florida Statutes (1997), defines noneconomic damages as: "Noneconomic damages” means . . .

INTEGRATED HEALTH CARE SERVICES, INC. v. LANG- REDWAY,, 840 So. 2d 974 (Fla. 2002)

. . . .” § 766.202(6), Fla. Stat. (1997). . . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

SOLOMON v. WELL CARE HMO, INC., 822 So. 2d 543 (Fla. Dist. Ct. App. 2002)

. . . See § 766.202(6), Fla. Stat. (2000). . . . This court noted that under section 766.202(6), it does not matter whether the plaintiffs’ claim is framed . . .

BARLOW, v. NORTH OKALOOSA MEDICAL CENTER,, 809 So. 2d 71 (Fla. Dist. Ct. App. 2002)

. . . But section 766.202(2)(a), Florida Statutes (2001), defines collateral sources to include any payments . . .

E. GUTIERREZ, M. D. E. M. D. P. A. v. PERALTA,, 785 So. 2d 536 (Fla. Dist. Ct. App. 2001)

. . . require “claimant” to mean one thing in sections 766.106 and 766.203 and another thing in sections 766.202 . . . .” § 766.202(1), Fla. Stat. (1999). . . . claimant” is clearly defined as “any person who has a cause of action arising from medical negligence.” § 766.202 . . .

DOIG, M. D. v. CHESTER,, 776 So. 2d 1043 (Fla. Dist. Ct. App. 2001)

. . . The Halifax ^settlement does not meet the definition of collateral source payments set out in section 766.202 . . .

BARCLAY, M. D. v. A. SUSAC, M. D., 780 So. 2d 152 (Fla. Dist. Ct. App. 2000)

. . . defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

PAVOLINI v. F. BIRD, M. D. F. M. D. P. A., 769 So. 2d 410 (Fla. Dist. Ct. App. 2000)

. . . .” § 766.202(1), Fla. Stat. (1999). . . .

ERICSON, v. Z. POLLACK, M. D. Z. P. C., 110 F. Supp. 2d 582 (E.D. Mich. 2000)

. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

ST. MARY S HOSPITAL, INC. v. PHILLIPE, v. St. s M. D. v. E. E. v. M. D., 769 So. 2d 961 (Fla. 2000)

. . . are controlled by the Medical Malpractice Act rather than the Wrongful Death Act and that sections 766.202 . . . claimant” is clearly defined as “any person who has a cause of action arising from medical negligence.” § 766.202 . . . Section 766.202(3) defines “economic damages” as “including, but not limited to, past and future medical . . . The plain language of sections 766.202(3) and 766.207(7)(a) indicates that the full range of economic . . .

O SHEA, O v Dr. PHILLIPS, M. D. a, 746 So. 2d 1105 (Fla. Dist. Ct. App. 1999)

. . . Section 766.202(6) defines “[m]edical negligence” as “medical malpractice, whether grounded in tort or . . .

J. COHEN, M. D. v. DAUPHINEE,, 739 So. 2d 68 (Fla. 1999)

. . . claimant's submission of a verified mitten medical expert opinion from a medical expert as defined in s. 766.202 . . . defendant's submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

O HANRAHAN, v. W. MOORE,, 731 So. 2d 95 (Fla. Dist. Ct. App. 1999)

. . . grounds that appellant failed to produce a verifiable, corroborating medical expert opinion under section 766.202 . . . on his failure to produce a verifiable, corroborating medical expert opinion as defined in section 766.202 . . .

CLARK, v. SARASOTA COUNTY PUBLIC HOSPITAL BOARD, d b a, 65 F. Supp. 2d 1308 (M.D. Fla. 1998)

. . . the opinions possess the credentials necessary to qualify them as a medical expert as defined in § 766.202 . . . care knowledge or skill about the subject upon which he is called to testify or provide an opinion.” § 766.202 . . .

PHILLIPS, M. D. M. D. P. A. St. s, a L. M. D. L. M. D. P. A. d b a M. D. In a v. KOEPKE,, 710 So. 2d 772 (Fla. Dist. Ct. App. 1998)

. . . specifically that the verified medical opinion was not from a medical expert as defined by section 766.202 . . .

R. PAGAN, M. D. R. M. D. P. A. v. SMITH, 705 So. 2d 1034 (Fla. Dist. Ct. App. 1998)

. . . plaintiffs who had their case dismissed for failure to comply with the presuit requirements of section 766.202 . . .

PIZZARELLI a v. ROLLINS, 704 So. 2d 630 (Fla. Dist. Ct. App. 1997)

. . . damages for future economic losses shall be awarded to be paid by periodic payments pursuant to section 766.202 . . .

FRANZEN, M. D. M. D. P. A. v. E. MOGLER, 744 So. 2d 1029 (Fla. Dist. Ct. App. 1997)

. . . .” § 766.202(1) Fla. Stat. (1995). . . . rehearing is that each of these WDA beneficiaries is a separate claimant within the meaning of MMA section 766.202 . . . we have seen, a claimant under MMA must state a cause of action arising from medical negligence. § 766.202 . . . personal representative who, it seems to us, qualifies as a claimant within the meaning of MMA section 766.202 . . . that the beneficiaries, simply because they are WDA beneficiaries, become claimants under MMA section 766.202 . . .

FORT WALTON BEACH MEDICAL CENTER, INC. D. D. P. A. v. M. DINGLER L., 697 So. 2d 575 (Fla. Dist. Ct. App. 1997)

. . . instant action because respondents’ corroborating expert lacked the qualifications required by section 766.202 . . . Respondents contend that those cases hold that section 766.202(5) provides a less stringent standard . . . It begins by providing that to qualify under section 766.202(5) a “medical expert” must be “a person . . . Oppenheim clearly meets this latter qualification for a “medical expert” under section 766.202(5). . . . His opinion, therefore, satisfies the requirements of both sections 766.102(2)(c)2. and 766.202(5). . . . expert in section 766.102(2)(c)2, Florida Statutes, onto the definition of expert contained in section 766.202 . . . (5), Florida Statutes, in light of the ambiguous wording of section 766.202(5), Florida Statutes, I agree . . .

ST. MARY S HOSPITAL, INC. s v. PHILLIPE,, 699 So. 2d 1017 (Fla. Dist. Ct. App. 1997)

. . . Defendants also point out that claimant is defined in the definitional provisions in section 766.202 . . . d]amages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . The definitional provisions of the Medical Malpractice Act, namely section 766.202(8) (c), provide that . . . See §§ 766.202(3) (“ ‘Economic damages’ means financial losses which would not have occurred but for . . .

CITRON, M. D. v. SHELL, Sr., 689 So. 2d 1288 (Fla. Dist. Ct. App. 1997)

. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

CORREA, M. D. v. G. ROBERTSON, R. RES CARE HOME HEALTH, INC. v. G. ROBERTSON, R., 693 So. 2d 619 (Fla. Dist. Ct. App. 1997)

. . . It is contended that a “medical expert” as defined by section 766.202(5), Florida Statutes (1995), must . . . experience administering geriatric care facilities, was a qualified medical expert as defined in section 766.202 . . . Section 766.202(5) defines a medical expert as: [a] person duly and regularly engaged in the practice . . .

PLATMAN, v. HOLMES REGIONAL MEDICAL CENTER, INC., 683 So. 2d 671 (Fla. Dist. Ct. App. 1996)

. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . .

PAULK v. NATIONAL MEDICAL ENTERPRISES INC. NME, 679 So. 2d 1289 (Fla. Dist. Ct. App. 1996)

. . . The term “medical negligence” is defined in section 766.202(6) to mean “medical malpractice, whether . . . Under section 766.202(6), we don’t think it much matters whether the plaintiffs’ claim is framed as an . . .

KUKRAL v. D. MEKRAS, M. D. Dr. T. d b a, 679 So. 2d 278 (Fla. 1996)

. . . the plaintiffs failure to comply with their duty to conduct an investigation as defined by section 766.202 . . . The judicial gloss that the majority applies to section 766.202(4) controls only when the plaintiff has . . . Section 766.202(4) defines “investigation” .to mean “that an attorney has reviewed the case against each . . .

L. SMELKO, v. R. DUPAY, Jr. D. O. R. Jr. D. O. P. A., 686 So. 2d 14 (Fla. Dist. Ct. App. 1996)

. . . Gardner, was not a qualified medical expert under section 766.202(5), Florida Statutes (1993). . . . Gardner is in fact a qualified medical expert for the purposes of section 766.202(5). . . .

FABER v. Dr. C. WROBEL, M. D. In P. A. a Dr. M. D. M. M. D. P. A. a M. M. D., 673 So. 2d 871 (Fla. Dist. Ct. App. 1995)

. . . Gardner was not a qualified medical expert as defined in section 766.202(5). . . . Section 766.202(5) defines a medical expert as: [a] person duly and regularly engaged in the practice . . . Gardner’s disqualification as a trial expert are not within the purview of section 766.202(5). . . . The less stringent standard of section 766.202(5) is in keeping with the legislative aim of preventing . . . Gardner’s qualifications did not meet the requirements of section 766.202(5), the trial court erred in . . .

WINSON, v. G. NORMAN, M. D. G. Jr. M. D. P. A., 658 So. 2d 625 (Fla. Dist. Ct. App. 1995)

. . . verified written opinion in attempted compliance with the pre-suit screening requirements of sections 766.202 . . . 1993) was not “duly and regularly engaged in the practice of his profession,” as defined by section 766.202 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. C. M. D. v. E. KINSEY, Jr., 655 So. 2d 1191 (Fla. Dist. Ct. App. 1995)

. . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . Damages for future economic losses shall be awarded to be paid by periodic payments pursuant to s. 766.202 . . . Resolution of this issue requires construction of section 766.202(8), Florida Statutes (1993), which . . . The circuit court held that the annuity would be satisfactory “security” pursuant to section 766.202( . . . We find nothing in section 766.202(8)(b) to support appellants’ argument that, by posting “security” . . .

B. TUNNER, M. D. v. D. FOSS,, 655 So. 2d 1151 (Fla. Dist. Ct. App. 1995)

. . . Section 766.202 further defines “medical negligence” as “medical malpractice, whether grounded in tort . . . or in contract.” § 766.202(6), Fla.Stat. (1989). . . . Savage, 632 So.2d 114 (Fla. 3d DCA 1994). . § 766.106(l)(a), Fla.Stat. (1989). . § 766.202(6), Fla. . . .

ARCHER, v. A. MADDUX, M. D. A. M. D. P. A., 645 So. 2d 544 (Fla. Dist. Ct. App. 1994)

. . . claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . . defendant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202 . . .

MALDONADO, v. EMSA LIMITED PARTNERSHIP, 645 So. 2d 86 (Fla. Dist. Ct. App. 1994)

. . . Section 766.202(5) provides that “[a]s used in ss. 766.201-766.212, the term ‘medical expert’ means a . . . Section 766.202(5), which defines medical expert as expressly applicable to section 766.203, provides . . . The less stringent standard of section 766.202(5) is in keeping with the legislative aim of preventing . . . Section 766.202(4) states that “‘investigation’ means that an attorney has reviewed the case against . . . That I am a medical expert as defined by Florida Statute § 766.202(5); 2. . . .

KUKRAL v. D. MEKRAS, M. D. Dr. T. d b a, 647 So. 2d 849 (Fla. Dist. Ct. App. 1994)

. . . the plaintiffs failure to comply with their duty to conduct an investigation as defined by section 766.202 . . . The judicial gloss that the majority applies to section 766.202(4) controls only when the plaintiff has . . .