Florida Statute 766.102 is a piece of legislation that addresses the standards and procedures related to medical negligence claims within the State of Florida. It is essential for both healthcare professionals and patients to understand the implications of this law. Here, we will explore the key components of F.S. 766.102, its impact on medical malpractice litigation, and practical considerations for those involved in such cases.

Definition of Medical Negligence

Under Florida Statute 766.102, medical negligence is defined as the failure to provide care which conforms to the professional standard of care for a healthcare provider or healthcare facility. This standard is typically based on what is deemed acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances.

The Standard of Care

One of the core elements of F.S. 766.102 is the definition of the "standard of care." This term refers to the level and type of care that a similarly trained and competent healthcare provider, in the same medical community, would have provided under the circumstances that led to the alleged malpractice. Determining whether this standard has been met or breached usually requires the testimony of expert witnesses who are knowledgeable in the particular medical field related to the claim.

Expert Testimony

F.S. 766.102 emphasizes the necessity of expert testimony in medical malpractice cases. The statute stipulates that the claimant must provide a verified written medical expert opinion as a precondition to pursuing a malpractice lawsuit. This requirement is intended to ensure that only cases with a meritorial basis go forward. 

Recent Changes and Implications

The statute has undergone amendments that refine the qualifications of these expert witnesses, aiming to eliminate biases and ensure that expert testimony is both relevant and based on substantial knowledge. These changes have significant implications for how medical malpractice cases are litigated in Florida, potentially affecting the outcome of many cases.

Practical Considerations

For healthcare providers, understanding and adhering to the professional standard of care is crucial not only for patient safety but also for legal protection. Providers should maintain thorough documentation of patient care and stay informed about changes in medical standards and practices.

Patients who believe they have been harmed due to medical negligence should seek legal counsel with experience in medical malpractice. It's important for patients to gather all relevant medical records and documentation relating to their claim.


Florida Statute 766.102 plays a fundamental role in shaping the landscape of medical malpractice litigation in Florida. Both healthcare providers and patients must have a thorough understanding of the nuances of this law to navigate the complexities of medical negligence claims effectively. As healthcare continues to evolve, so too will the standards by which medical professionals are judged, making ongoing education and awareness essential for all parties involved in healthcare delivery and litigation.

You can reach Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
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