The Florida Senate

766.112  Comparative fault.--

¹(1)  Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort, when an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party's percentage of fault and not on the basis of the doctrine of joint and several liability.

(2)  In an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort, when an apportionment of damages pursuant to s. 768.81 is attributed to the Board of Regents, the court shall enter judgment against the Board of Regents on the basis of such party's percentage of fault and not on the basis of the doctrine of joint and several liability. The sole remedy available to a claimant to collect damages, subject to the provisions of this subsection, against the Board of Regents shall be pursuant to s. 768.28.

History.--ss. 79, 80, ch. 88-1; ss. 43, 44, ch. 88-277; s. 32, ch. 91-110; s. 102, ch. 92-33.

¹Note.--Also published at s. 768.81(5).