EMAIL US
info@malpracticenetwork.com
 

NO FEES OR EXPENSES

CALL US
1-800-974-4929

 

WE HELP NICA FAMILIES ALL OVER FLORIDA

 

 

 

 

NICA STATUTES 

 

HOME

 

IS MY CHILD COVERED?

 

FREQUENTLY ASKED QUESTIONS

 

NICA STATUTES

 

ABOUT OUR FIRM

 

CONTACT US

 

CONTACT NICA



 

 

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. 766.31.

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.

 


CLICK FOR FREE ONLINE CONSULTATION

E-mail
info@mcmillenlawfirm.com

Call Toll Free 
1-800-974-4929

Serving All of Florida

ORLANDO
608 E. Central Blvd.
Orlando, Florida 32801
Phone:   (407) 843-0126

 
TAMPA BAY
2202 North West Shore Blvd.
Suite 200
Tampa, Florida 33607
Phone: 813-639-7644

 
JACKSONVILLE
10151 Deerwood Park Blvd.
 Bld. 200, Suite 250
Jacksonville, Florida 32256
Phone:   904-371-3518

 
WEST PALM BEACH
777 South Flagler Drive
Suite 800 - West Tower
West Palm Beach, Florida 33401
Phone: 1-800-974-4929

 
MIAMI
201 South Biscayne Blvd
28th Floor
Miami, Florida 33131
Phone: 1-800-974-4929
ATLANTA
3455 Peachtree Road N.E.
5th Floor
Atlanta, Georgia 30326
Phone: 1-800-974-4929
This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

Copyright 1997-2013 -  McMillen Law Firm * A Professional Association
All rights are reserved.  No articles,
notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part.  However materials may be referenced by appropriate links to the site.

 
 

HOME