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Home > Medical Errors and Patient Safety > Statutes/Rules > § 395.1051, F.S. – Florida

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Law for Florida Hospitals
Duty to Notify Patients

Florida Public Health Code
Title XXIX, Chapter 395
Hospital Licensing and Regulation

1 § 0395.1051 - Duty to notify patients.

An appropriately trained person designated by each licensed facility shall inform each patient, or an individual identified pursuant to s. 765.401(1), in person about adverse incidents that result in serious harm to the patient. Notification of outcomes of care that result in harm to the patient under this section shall not constitute an acknowledgment or admission of liability, nor can it be introduced as evidence.

History.--s. 33, ch. 2003-416.
1Note.--Section 86, ch. 2003-416 [PDF, p94], provides that "[i]t is the intent of the Legislature to apply the provisions of this act to prior medical incidents, to the extent such application is not prohibited by the State Constitution or Federal Constitution, except that the changes to chapter 766, Florida Statutes, shall apply only to any medical incident for which a notice of intent to initiate litigation is mailed on or after the effective date of this act."

EDITORIAL COMMENT: This statute requires “an appropriately trained person designated by ... the facility” to advise an individual patient or designee ‘in person’ about an adverse incident resulting in serious harm to the patient. In addition, Title XXXII, §456.0575 requires every licensed health care practitioner is required to make a similar notification. No time constraints or conditions are otherwise noted.
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