766.314 – Assessments; Plan of Operation.
766.314 Assessments; plan of operation.— (1) The assessments established pursuant to this section shall be used to finance the Florida Birth-Related Neurological Injury Compensation Plan. (2) The assessments and appropriations dedicated to the plan shall be administered by the Florida Birth-Related Neurological Injury Compensation Association established in s. 766.315, in accordance with the following requirements: (a) On or before […]
766.3145 – Code of Ethics.
766.3145 Code of ethics.— (1) On or before July 1 of each year, employees of the association must sign and submit a statement attesting that they do not have a conflict of interest as defined in part III of chapter 112. As a condition of employment, all prospective employees must sign and submit to the association a […]
766.315 – Florida Birth-Related Neurological Injury Compensation Association; Board of Directors; Notice of Meetings; Report.
766.315 Florida Birth-Related Neurological Injury Compensation Association; board of directors; notice of meetings; report.— (1)(a) The Florida Birth-Related Neurological Injury Compensation Plan shall be governed by a board of seven directors which shall be known as the Florida Birth-Related Neurological Injury Compensation Association. The association is not a state agency, board, or commission. Notwithstanding the provision of […]
766.316 – Notice to Obstetrical Patients of Participation in the Plan.
766.316 Notice to obstetrical patients of participation in the plan.—Each hospital with a participating physician on its staff and each participating physician, other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314(4)(c), under the Florida Birth-Related Neurological Injury Compensation Plan shall provide notice to the obstetrical patients as to the limited […]
766.209 – Effects of Failure to Offer or Accept Voluntary Binding Arbitration.
766.209 Effects of failure to offer or accept voluntary binding arbitration.— (1) A proceeding for voluntary binding arbitration is an alternative to jury trial and shall not supersede the right of any party to a jury trial. (2) If neither party requests or agrees to voluntary binding arbitration, the claim shall proceed to trial or to any available […]
766.21 – Misarbitration.
766.21 Misarbitration.— (1) At any time during the course of voluntary binding arbitration of a medical negligence claim pursuant to s. 766.207, the administrative law judge serving as chief arbitrator on the arbitration panel, if he or she determines that agreement cannot be reached, shall be authorized to dissolve the arbitration panel and request the director of […]
766.211 – Payment of Arbitration Award; Interest.
766.211 Payment of arbitration award; interest.— (1) Within 20 days after the determination of damages by the arbitration panel pursuant to s. 766.207, the defendant shall: (a) Pay the arbitration award, including interest at the legal rate, to the claimant; or (b) Submit any dispute among multiple defendants to arbitration pursuant to s. 766.208. (2) Commencing 90 days after the […]
766.212 – Appeal of Arbitration Awards and Allocations of Financial Responsibility.
766.212 Appeal of arbitration awards and allocations of financial responsibility.— (1) An arbitration award and an allocation of financial responsibility are final agency action for purposes of s. 120.68. Any appeal shall be taken to the district court of appeal for the district in which the arbitration took place, shall be limited to review of the record, […]
766.301 – Legislative Findings and Intent.
766.301 Legislative findings and intent.— (1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such premiums have been greater for such physicians than for other physicians. (b) Any birth other than a normal birth frequently leads to a claim against the […]
766.302 – Definitions; Ss. 766.301-766.316.
766.302 Definitions; ss. 766.301-766.316.—As used in ss. 766.301-766.316, the term: (1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association established in s. 766.315 to administer the Florida Birth-Related Neurological Injury Compensation Plan and the plan of operation established in s. 766.314. (2) “Birth-related neurological injury” means injury to the brain or spinal cord of a live infant […]