766.202 The following definitions; ss.766.201-766.212. — as used in ss.766.201-766.212, apply only to the state of Florida.
(1) Any individual who has grounds to file a personal injury or wrongful death lawsuit due to medical mistakes is referred to as a “claimant”.
(2) Payments that are made on the behalf of the plaintiff or by the plaintiff are referred to as “collateral sources”, regarding:
(a) Except by any public programs which provide benefits like disability payments, medical expenses or similar benefits; as prohibited by the federal law, the United States Social Security Act; any state or federal local income disability act.
(b) Expect life insurance that is purchased by the claimant or another person which benefits the claimant, any insurance for vehicle collisions, sickness, health, or disability, or any other similar benefits.
(c) The agreement to pay, provide or reimburse the costs of dental, medical, hospital, or any other health care services in a contract of any organization, corporation, group, or partnership.
(d) Any voluntary wage or contractual continuation plan that will provide wages during the time of a disability by either the employer or any other system.
(3) Any financial damages which the plaintiff is entitled to recover, even with the Wrongful Death Act, that would not have surged had there been no injury, to begin with, this includes, but is not restricted to previous and future medical fees, their life expectancy in accordance with their loss of earning capacity, 80% of their lost wages, refers to as “economic damages”.
(4) As defined under chapter 395, any mobile surgical facility, surgical center, or hospital; as defined under chapter 383, licensed birth center; as defined under chapter 462, 458, 459, 460, 461, 463, and part 1 of chapter 464, 466, 467, part 14 of chapter 468 or 486, any person licensed; as defined under chapter 483, licensed clinical lab, as defined under part 1 of chapter 641, certified health maintenance organization; plasma center, blood bank, industrial clinic, renal dialysis facility; or a professional associated joint venture, corporation, partnership, or or activity involving health care providers, refers to “health care providers”.
(5) The review of the case against every prospective defendant, the consultation with a medical expert, and the acquirement of the expert’s written opinion by the attorney is known as “investigation”.
(6) As set forth in s.766.102, the requirements met of an expert witness of any professional who regularly engages and practices in the health care and possesses a degree from a college or university is known as a “medical expert”.
(7) Whether through contract or in tort a medical malpractice refers to “medical negligence”.
(8) Planification for the future payments that will be made either over a period, in part or in whole refers to “periodic payment” and is as follows:
(a) The specific amount of the dollar will for the periodic payments for future damages will be found after the offset of the collateral sources has been done. The total dollar amount of the periodic payments should equal all future damages before any reduction has been made.
(b) A bond or security must be placed by the defendant to secure that the damages will be paid in full. The bond or security will not be valid unless the defendant gets a written authorization by a company in the state that is authorized to do business and has an A+ rating by Best’s. If the amount is not assured to be paid in full by the defendant, then the lump sum of all damages that were reduced to present value will have to be paid to the plaintiff by the defendant. Unless a 60-days in notice is written and filed with the claimant and court, no bond can be canceled. Whatever is left of the bond or security of the whole shall be returned to the defendant once the payments have been completed.
(c) Provisions for the future damages must contain and specify who will be in charge of such payments, the time frame in which the payments will be made, the number of payments that will need to be made in the time frame provided, the time between payments, and the amount of each payment that will be done.
(9) Any non-financial damage that the plaintiff is entitled to recover, even with the Wrongful Death Act, that would not have occurred had the injury not presented itself, this includes, but is not limited to, mental anguish, pain and suffering, loss of consortium, loss of enjoyment of life, or any other damage that is deemed to be so, refers to as “non-economic damages”.
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