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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

766.304  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 whether a claim filed under this act is compensable. No civil action may be brought until the determinations under s. 766.309 have been made by the administrative law judge. If the administrative law judge determines that the claimant is entitled to compensation from the association, or if the claimant accepts an award issued under s. 766.31, no civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303. If it is determined that a claim filed under this act is not compensable, neither the doctrine of collateral estoppel nor res judicata shall prohibit the claimant from pursuing any and all civil remedies available under common law and statutory law. The findings of fact and conclusions of law of the administrative law judge shall not be admissible in any subsequent proceeding; however, the sworn testimony of any person and the exhibits introduced into evidence in the administrative case are admissible as impeachment in any subsequent civil action only against a party to the administrative proceeding, subject to the Rules of Evidence. An award may not be made or paid under ss. 766.301-766.316 if the claimant recovers under a settlement or a final judgment is entered in a civil action. The division may adopt rules to promote the efficient administration of, and to minimize the cost associated with, the prosecution of claims.

History.--s. 63, ch. 88-1; s. 17, ch. 91-46; s. 3, ch. 93-251; s. 308, ch. 96-410; s. 1803, ch. 97-102; s. 2, ch. 98-113; s. 90, ch. 99-3; s. 75, ch. 2003-416.
 


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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.

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