Florida Courts are required to construe the Act liberally so as not to unduly restrict a Florida citizens constitutionally guaranteed access to the courts, while at the same time carrying out the legislative policy of screening out frivolous lawsuits and defenses. The Medical Malpractice Act specifically requires presuit investigation of medical negligence claims and applies to all medical negligence claims and defenses. Fla. Stat. ch. 766.203(1). This statute further provides that prior to issuing notification of intent to initiate medical malpractice litigation pursuant to Fla. Stat. ch. 766.106 a claimant must conduct an investigation to ascertain that there are reasonable grounds to believe" that the defendant was negligent in the care or treatment of the claimant and that this negligence resulted in injury to the claimant. Fla. Stat. ch. 766.203(2).
This link we direct you to the Florida Legislature website, which contains the entirety of the statute. Title 766.203
Wrongful death is the taking of the life of an individual resulting from the willful or negligent act of another person or persons. If an individual is killed by the wrongful conduct of another, then the decendent's heirs or beneficiaries may file a wrongful death action against the negligent party. According to Florida law, when a death is caused by a wrongful act, negligence, default or breach of contract or warranty and, if the person would have survived, the person would have had the right to sue for damages, then there exist grounds for a wrongful death action. The Wrongful Death Act is Fla. Stat. § 768.16 through 768.26.
A number of states provide paramedics and EMTs some level of immunity from, or limitation of, liability for their acts or omissions in treating a patient in an emergency situation.
Florida "Good Samaritan" Act. 768.13- Immunity from civil liability
Any person, including those licensed to practice medicine, who gratuitously and in good faith renders emergency care or treatment either in direct response to emergency situations related to and arising out of a public health emergency declared pursuant to s. 381.00315, a state of emergency which has been declared pursuant to s. 252.36 or at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances..
§ 401.445. Emergency examination and treatment of incapacitated persons.
Paramedics and EMTs acting under the direction of a medical director may withhold resuscitation and life-prolonging techniques from a patient if evidence of an order not to resuscitate by the patient’s physician is presented to the EMT or paramedic in the manner provided by statute.
(1) No recovery shall be allowed in any court in this state against any emergency medical technician, paramedic, or physician as defined in this chapter, any advanced registered nurse practitioner certified under s. 464.012, or any physician assistant licensed under s. 458.347 or s. 459.022, or any person acting under the direct medical supervision of a physician, in an action brought for examining or treating a patient without his or her informed consent if:
In such a case, and provided the EMT or paramedic has not engaged in negligent or unprofessional conduct, the paramedic or EMT is not subject to criminal prosecution or civil liability.
Immunity For the Hospital
(b)1. Any health care provider, including a hospital licensed under chapter 395, providing emergency services pursuant to obligations imposed by 42 U.S.C. s. 1395dd, s. 395.1041, s. 395.401, or s. 401.45 shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.
401.23(17)- “Paramedic” means a person who is certified by the department to perform basic and advanced life support.
401.23(9) “Certification” means any authorization issued pursuant to this part to a person to act as an emergency medical technician or a paramedic
401.23(7) “Basic life support” means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, CPR and other techniques described in the Emergency Medical Technician Basic Training course Curriculum of the Unites States Department of transportation.
401.23(1) "Advanced Life Support"- units carry all of the basic life equipment and paramedic-trained personnel. Additional ALS supplies include medications, intravenous fluids, advanced airway tubes, and manual and automated ventilators, heart monitors, defibrillators, and pacemakers.
401.265 "Medical Directors" -(1) Each basic life support transportation service or advanced life support service must employ or contract with a medical director. The medical director must be a licensed physician; a corporation, association, or partnership composed of physicians; or physicians employed by any hospital that delivers in-hospital emergency medical services and employs or contracts with physicians specifically for that purpose.
Employee or Agent of the State 768.28(9)(b) “Officer, employee, or agent” includes, but is not limited to, any health care provider when providing services pursuant to s. 766.1115;
768.28. Goverment created hospital districts and state university boards of trustees and their employee health care provider employees and agents, as well as the agencies and subdivisions of the state providing health care may be entitled to the Sovereign Immunity Statutes. If the hospital qualifies as a state agency, then they will be granted the immunity.
768.28(9)(a), (10)- When the Immunity is no longer granted: “No officer, employee, or agent of the state or of any of its subdivisions shall be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
