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– FLORIDA –
Public and Private Policy
Medical Errors and Patient Safety

Rationale

  • •  Rationale for Adverse Incident Reporting

    Much of Florida's medical error reporting laws have been bundled with major medical malpractice legislation that dates to the mid 1980s. The stated purpose for the 1998 Internal Risk Management Program legislation, as provided in (§ 0395.001, FS – Legislative Intent), is

    . . .“ to provide for the protection of public health and safety in the establishment, construction, maintenance, and operation of hospitals, ambulatory surgical centers, and mobile surgical facilities by providing for licensure of same and for the development, establishment, and enforcement of minimum standards with respect thereto.”

    The ‘Internal risk management’ legislation for hospitals (§395.0197(3)) and HMOs (§641.55(3)) encourages any initiatives that are “intended to reduce the frequency and severity of medical malpractice and patient injury claims . . .

    In keeping with these goals, the legislature in 2003 amended the Internal Risk Management laws, adding patient safety mandates that created institutional patient safety committees, identifiable patient safety officers, and formulation of institutional patient safety plans. These regulatory measures were imposed upon health facilities as a means of addressing both patient safety and medical malpractice concerns.

  • •  Rationale for Patient Safety Corporation

    The purpose of this corporation is

    “. . . to serve as a learning organization dedicated to assisting health care providers in this state to improve the quality and safety of health care rendered and to reduce harm to patients. The corporation shall promote the development of a culture of patient safety in the health care system in this state. The corporation shall not regulate health care providers in this state.”

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