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 […]
766.205 – Presuit Discovery of Medical Negligence Claims and Defenses.
766.205 Presuit discovery of medical negligence claims and defenses.— (1) Upon the completion of presuit investigation pursuant to s. 766.203, which investigation has resulted in the mailing of a notice of intent to initiate litigation in accordance with s. 766.106, corroborated by medical expert opinion that there exist reasonable grounds for a claim of negligent injury, each […]
766.31 – Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.
766.31 Administrative law judge awards for birth-related neurological injuries; notice of award.— (1) Upon determining that an infant has sustained a birth-related neurological injury and that obstetrical services were delivered by a participating physician at the birth, the administrative law judge shall make an award providing compensation for the following items relative to such injury: (a) Actual expenses […]
766.206 – Presuit Investigation of Medical Negligence Claims and Defenses by Court.
766.206 Presuit investigation of medical negligence claims and defenses by court.— (1) After the completion of presuit investigation by the parties pursuant to s. 766.203 and any discovery pursuant to s. 766.106, any party may file a motion in the circuit court requesting the court to determine whether the opposing party’s claim or denial rests on a […]
766.311 – Conclusiveness of Determination or Award; Appeal.
766.311 Conclusiveness of determination or award; appeal.— (1) A determination of the administrative law judge as to qualification of the claim for purposes of compensability under s. 766.309 or an award by the administrative law judge pursuant to s. 766.31 shall be conclusive and binding as to all questions of fact. Review of an order of an […]
766.207 – Voluntary Binding Arbitration of Medical Negligence Claims.
766.207 Voluntary binding arbitration of medical negligence claims.— (1) Voluntary binding arbitration pursuant to this section and ss. 766.208-766.212 shall not apply to rights of action involving the state or its agencies or subdivisions, or the officers, employees, or agents thereof, pursuant to s. 768.28. (2) Upon the completion of presuit investigation with preliminary reasonable grounds for a […]
766.312 – Enforcement of Awards.
766.312 Enforcement of awards.— (1) The administrative law judge shall have full authority to enforce her or his awards and to protect herself or himself from any deception or lack of cooperation in reaching her or his determination as to any award. Such authority shall include the power to petition the circuit court for an order of […]