Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1892
                                Barcode 431216                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/13/2011           .                                

       The Committee on Health Regulation (Bennett) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 415 - 427
    4  and insert:
    5         (1) In any action for recovery of damages based on the
    6  death or personal injury of any person in which it is alleged
    7  that such death or injury resulted from the negligence of the
    8  following persons:
    9         (a) A health care provider as defined in s. 766.202(4); or
   10         (b) An emergency health care provider, which includes a
   11  person or an entity that provides services according to
   12  obligations imposed by s. 395.1041 or s. 401.45, but does not
   13  include a person or entity that is otherwise covered under this
   14  section,
   16  the claimant shall have the burden of proving by clear and
   17  convincing the greater weight of evidence that the alleged
   18  actions of the health care provider or the emergency health care
   19  provider represented a breach of the prevailing professional
   20  standard of care for that health care provider or emergency
   21  health care provider. The prevailing professional standard of
   22  care for a given health care provider or emergency health care
   23  provider shall be that level of care, skill, and treatment
   24  which, in light of all relevant surrounding circumstances, is
   25  recognized as acceptable and appropriate by reasonably prudent
   26  similar health care providers or emergency health care
   27  providers.
   29  ================= T I T L E  A M E N D M E N T ================
   30         And the title is amended as follows:
   31         Delete line 44
   32  and insert:
   33         prove medical negligence by a health care provider or
   34         an emergency health care provider;