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This is the 2011 version of the statute, and it
is offered for
general information purposes.
This statute should not be relied on without reviewing your legal
situation with an experienced medical malpractice lawyer, and making sure
you are using the appropriate version of the relevant statute for your
case. The provisions applicable to your potential claim may or may not
be the version that was in effect at the time
of the child's birth, because some changes to the statute have been made
retroactive, and other changes have not. Other statutes and other case law
interpreting or applying these statutes may also apply to your case.
Applies To Florida Only
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 Injury Compensation Association.
(2) The rights and remedies granted by this plan on account of a
birth-related neurological injury shall exclude all other rights and
remedies of such infant, her or his personal representative, parents,
dependents, and next of kin, at common law or otherwise, against any
person or entity directly involved with the labor, delivery, or
immediate postdelivery resuscitation during which such injury occurs,
arising out of or related to a medical negligence claim with respect to
such injury; except that a civil action shall not be foreclosed where
there is clear and convincing evidence of bad faith or malicious purpose
or willful and wanton disregard of human rights, safety, or property,
provided that such suit is filed prior to and in lieu of payment of an
award under ss. 766.301-766.316. Such suit
shall be filed before the award of the division becomes conclusive and
binding as provided for in s. 766.311.
(3) Sovereign immunity is hereby waived on behalf of the Florida
Birth-Related Neurological Injury Compensation Association solely to the
extent necessary to assure payment of compensation as provided in s.
History.--s. 62, ch. 88-1; s. 37, ch.
88-277; s. 1, ch. 89-186; s. 1154, ch. 97-102; s. 74, ch. 2003-416.
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