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 […]
766.305 – Filing of Claims and Responses; Medical Disciplinary Review.
766.305 Filing of claims and responses; medical disciplinary review.— (1) All claims filed for compensation under the plan shall commence by the claimant filing with the division a petition seeking compensation. Such petition shall include the following information: (a) The name and address of the legal representative and the basis for her or his representation of the injured […]
766.306 – Tolling of Statute of Limitations.
766.306 Tolling of statute of limitations.—The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316, and the time such […]
766.307 – Hearing; Parties; Discovery.
766.307 Hearing; parties; discovery.— (1) The administrative law judge shall set the date for a hearing no sooner than 60 days and no later than 120 days after the filing by a claimant of a petition in compliance with s. 766.305. The administrative law judge shall immediately notify the parties of the time and place of such […]
766.309 – Determination of Claims; Presumption; Findings of Administrative Law Judge Binding on Participants.
766.309 Determination of claims; presumption; findings of administrative law judge binding on participants.— (1) The administrative law judge shall make the following determinations based upon all available evidence: (a) Whether the injury claimed is a birth-related neurological injury. If the claimant has demonstrated, to the satisfaction of the administrative law judge, that the infant has sustained a brain […]
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 […]