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 […]
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 […]
766.208 – Arbitration to Allocate Responsibility Among Multiple Defendants.
766.208 Arbitration to allocate responsibility among multiple defendants.— (1) The provisions of this section shall apply when more than one defendant has participated in voluntary binding arbitration pursuant to s. 766.207. (2) Within 20 days after the determination of damages by the arbitration panel in the first arbitration proceeding, those defendants who have agreed to voluntary binding arbitration […]
766.313 – Limitation on Claim.
766.313 Limitation on claim.—Any claim for compensation under ss. 766.301-766.316 that is filed more than 5 years after the birth of an infant alleged to have a birth-related neurological injury shall be barred. History.—s. 72, ch. 88-1; s. 38, ch. 88-277; s. 1, ch. 93-251.