The Florida Senate

456.049  Health care practitioners; reports on professional liability claims and actions.--

(1)  Any practitioner of medicine licensed pursuant to the provisions of chapter 458, practitioner of osteopathic medicine licensed pursuant to the provisions of chapter 459, podiatric physician licensed pursuant to the provisions of chapter 461, or dentist licensed pursuant to the provisions of chapter 466 shall report to the department any claim or action for damages for personal injury alleged to have been caused by error, omission, or negligence in the performance of such licensee's professional services or based on a claimed performance of professional services without consent if the claim was not covered by an insurer required to report under s. 627.912 and the claim resulted in:

(a)  A final judgment in any amount.

(b)  A settlement in any amount.

(c)  A final disposition not resulting in payment on behalf of the licensee.

Reports shall be filed with the department no later than 60 days following the occurrence of any event listed in paragraph (a), paragraph (b), or paragraph (c).

(2)  Reports shall contain:

(a)  The name and address of the licensee.

(b)  The date of the occurrence which created the claim.

(c)  The date the claim was reported to the licensee.

(d)  The name and address of the injured person. This information is confidential and exempt from s. 119.07(1) and shall not be disclosed by the department without the injured person's consent. This information may be used by the department for purposes of identifying multiple or duplicate claims arising out of the same occurrence.

(e)  The date of suit, if filed.

(f)  The injured person's age and sex.

(g)  The total number and names of all defendants involved in the claim.

(h)  The date and amount of judgment or settlement, if any, including the itemization of the verdict, together with a copy of the settlement or judgment.

(i)  In the case of a settlement, such information as the department may require with regard to the injured person's incurred and anticipated medical expense, wage loss, and other expenses.

(j)  The loss adjustment expense paid to defense counsel, and all other allocated loss adjustment expense paid.

(k)  The date and reason for final disposition, if no judgment or settlement.

(l)  A summary of the occurrence which created the claim, which shall include:

1.  The name of the institution, if any, and the location within such institution, at which the injury occurred.

2.  The final diagnosis for which treatment was sought or rendered, including the patient's actual condition.

3.  A description of the misdiagnosis made, if any, of the patient's actual condition.

4.  The operation or the diagnostic or treatment procedure causing the injury.

5.  A description of the principal injury giving rise to the claim.

6.  The safety management steps that have been taken by the licensee to make similar occurrences or injuries less likely in the future.

(m)  Any other information required by the department to analyze and evaluate the nature, causes, location, cost, and damages involved in professional liability cases.

History.--s. 13, ch. 88-1; s. 7, ch. 91-140; s. 309, ch. 96-406; s. 91, ch. 97-261; s. 193, ch. 98-166; s. 74, ch. 2000-160.

Note.--Former s. 455.247; s. 455.697.