McMillen Law Firm, A Professional Association | CALL US | |
| WE ACCEPT NICA CASES ALL OVER FLORIDA |
|
|
|
NICA STATUTES |
|||||||||||||||||||||
|
|
This is the 2009 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.
|
