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NICA STATUTES
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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
766.305 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 infant.
(b) The name and address of the injured infant.
(c) The name and address of any physician providing obstetrical services
who was present at the birth and the name and address of the hospital at
which the birth occurred.
(d) A description of the disability for which the claim is made.
(e) The time and place the injury occurred.
(f) A brief statement of the facts and circumstances surrounding the
injury and giving rise to the claim.
(2) The claimant shall furnish the division with as many copies of the
petition as required for service upon the association, any physician and
hospital named in the petition, and the Division of Medical Quality
Assurance, along with a $15 filing fee payable to the Division of
Administrative Hearings. Upon receipt of the petition, the division
shall immediately serve the association, by service upon the agent
designated to accept service on behalf of the association, by registered
or certified mail, and shall mail copies of the petition, by registered
or certified mail, to any physician, health care provider, and hospital
named in the petition, and shall furnish a copy by regular mail to the
Division of Medical Quality Assurance and the Agency for Health Care
Administration.
(3) The claimant shall furnish to the Florida Birth-Related Neurological
Injury Compensation Association the following information, which must be
filed with the association within 10 days after the filing of the
petition as set forth in subsection (1):
(a) All available relevant medical records relating to the birth-related
neurological injury and a list identifying any unavailable records known
to the claimant and the reasons for the records' unavailability.
(b) Appropriate assessments, evaluations, and prognoses and such other
records and documents as are reasonably necessary for the determination
of the amount of compensation to be paid to, or on behalf of, the
injured infant on account of the birth-related neurological injury.
(c) Documentation of expenses and services incurred to date which
identifies any payment made for such expenses and services and the payor.
(d) Documentation of any applicable private or governmental source of
services or reimbursement relative to the impairments.
The information required by paragraphs (a)-(d) shall remain confidential
and exempt under the provisions of s.
766.315(5)(b).
(4) The association shall have 45 days from the date of service of a
complete claim, filed pursuant to subsections (1) and (2), in which to
file a response to the petition and to submit relevant written
information relating to the issue of whether the injury alleged is a
birth-related neurological injury.
(5) Upon receipt of such petition, the Division of Medical Quality
Assurance shall review the information therein and determine whether it
involved conduct by a physician licensed under chapter 458 or an
osteopathic physician licensed under chapter 459 that is subject to
disciplinary action, in which case the provisions of s. 456.073 shall
apply.
(6) Upon receipt of such petition, the Agency for Health Care
Administration shall investigate the claim, and if it determines that
the injury resulted from, or was aggravated by, a breach of duty on the
part of a hospital in violation of chapter 395, it shall take any such
action consistent with its disciplinary authority as may be appropriate.
(7) Any claim which the association determines to be compensable may be
accepted for compensation, provided that the acceptance is approved by
the administrative law judge to whom the claim for compensation is
assigned.
History.--s. 64, ch. 88-1; s. 2, ch.
89-186; s. 18, ch. 91-46; s. 4, ch. 93-251; s. 1, ch. 94-106; s. 309, ch.
96-410; s. 1804, ch. 97-102; s. 165, ch. 98-166; s. 287, ch. 99-8; s.
226, ch. 2000-160; s. 115, ch. 2002-1; s. 76, 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 NICA claim
or malpractice case you
should promptly contact a lawyer in your state with experience in handling malpractice
cases.
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