Legislative Intent in Pre-Suit

766.201 The following legislative findings and intent in pre-suit apply to the state of Florida only:

(1) The following findings are made by the Legislature:

(a)In recent years, the liability insurance premiums for medical malpractice have increased tremendously, resulting in the lack of medical insurance for some medical professionals, and an increase in medical care costs for patients.

(b) The increase of loss payments to plaintiffs due to the substantial increase of compensation paid to plaintiffs is the primary cause of the increase of insurance premiums for medical malpractice liability.

(c ) In the interests of the public for quality medical care and services, controlling the costs of medical negligence claims is imperative because the average cost has escalated over the past decade.

(d) Requiring early arbitration of claims, early determination of the merit of claims, and limiting the number of damages that can be recovered, can serve the purpose of relieving the high cost that the state would have to pay for medical negligence claims. In addition, it would reduce the attorney’s fees and delay, but while preserving the plaintiffs right to have their case heard by a jury.

(e ) Overcompensation occurs when damages for economic losses are awarded at a 100% because such award fails to subject the amount to taxes.

(2) A plan for prompt resolution of medical negligence claims is the intent of the Legislature to provide. The plan provided must be composed of the following two components: arbitration and pre-suit investigation. All medical negligence defenses and claims are mandated to have a pre-suit investigation, while the availability and requirement of arbitration is voluntary.

(a) The following should be included in the pre-suit investigation:

1. That the claims and defenses being made are not frivolous with the help of verifiable requirements to proceed with the investigation.
2. Procedures for medical corroboration

(b) The following should be included in arbitration:

1. Substantial incentives that serve to purpose to have the defendants and claimants perform arbitration which will enable the reduction of litigation costs, time, and attorney’s fees.
2. Conditional constraint on the noneconomic damages of which the defendant willingly agrees to pay attorney’s fees and economic damages.
3. To facilitate early resolution of claims of medical negligence, increased predictability of the outcome for insurer’s and the anticipated losses derives from the limitations set on noneconomic damages for large awards.