Florida Committee Proposes Jury Instruction Dealing With Med Mal Bad Faith.

     The Florida Supreme Court Committee on Standard Jury Instructions proposed a new jury instruction to use in cases involving a Florida Statute with questionable constitutionality:  Section 766.1185(2).  It is a statute which on its face applies only to Insurer Bad Faith/Good Faith in Medical Malpractice situations.  The question of constitutionality and recent revisions to Florida Standard Jury Instructions on Insurer Bad Faith are analyzed in Dennis J. Wall, Litigation and Prevention of Insurer Bad Faith § 3:2 & n.24 (2007 Supplement to Second Edition, published by West Publishing Co.), subscription required.

     Here is a link to the proposed jury instruction as it was first published in the October 15, 2007 edition of the Florida Bar News.   Online searching as of December 26, 2007 reveals no changes to it, as yet:  "Notice/Proposed Instruction Dealing With Med Mal Bad Faith".

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