The following liability for facilities applies only to the state of Florida. 766.110
As defined in chapter 395, all health care facilities, including surgical centers, ambulance service, and hospitals, must carefully select their medical personnel, must assure comprehensive risk administration, ensure that their medical staff is competent in performing their job duties, and will be held responsible if they do not exercise caution and care when performing those duties. Here are some of those duties that they must fulfill:
(a)Written procedures to select the staff members and a periodic review of the medical services that are being conducted and provided to the patients must be exercised by each member of the medical staff.
(b) The applicable requirements of s.395.0197 must be complied by the comprehensive risk management that is adopted. These requirements include the hospital’s location, hospital’s size, services provided by the hospital, physical outline, and factors that are relevant;
( c) The review that must be conducted in paragraph (a) and the risk management in paragraph (b) must be diligently supervised to ensure that the whole process is carried out accordingly. When a patient’s injury is caused because a facility failed to exercise due care when completing any of these duties, the facility would be held liable.
Adequate insurance of every hospital under chapter 395 must be present, either by carrying liability insurance or by having an insurance of no less than $5 million for aggregate cover and $1.5 million for every claim. This insurance is for the purpose of covering any injuries that a patient endures due to the negligent omissions or acts committed by any medical professional that is covered by the requirements of s. 459.0085 and 458.320. If a physician’s coverage limit is less than the minimum amount required in ss.458.320 and 459.0085, if the hospital where the mistake took place is a trauma center that has been verified and has a history of carrying self-insurance coverage to actions that are committed outside of the scope of the hospital by their medical personnel, then the extension of self-insurance coverage can be granted to her or him. The coverage does not need to be written by those insurers authorized to carry it, but liability insurance can be made available by them. The total or a portion of the total amount for the insurance can be assessed by the hospital to calculate the equitable and pro rata basis for the following medical professional: chapter 461- licensed podiatric physicians, chapter 459- licensed osteopathic physicians, chapter 458- licensed physicians, chapter 464 part I- licensed nurses, and chapter 466- licensed dentists. A deductible can be applied to any medical professional that was found to be responsible for a lawsuit of a breach of contract or a tort by the hospital. The purpose of such deductible is to give the health care providers and professionals a reason to prevent any injury to the patient and ensure that they provide high-quality care to their patients at all times.
To ensure that the methodologies used to diagnose a disease are being properly used by the comprehensive risk management, as defined in chapter 395, a health care facility like a surgical center, ambulance service, or hospital, of which the medical review team would adopt.