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 […]
766.303 – Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.
766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.— (1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injury claims. Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological […]
766.304 – Administrative Law Judge to Determine Claims.
766.304 Administrative law judge to determine claims.—The administrative law judge shall hear and determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and authority granted to her or him in chapter 120, as necessary, to carry out the purposes of such sections. The administrative law judge has exclusive jurisdiction to determine […]
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 […]