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Below are links that will take you to the various sections of Florida's Birth-Related Neurological Injury Compensation Act. This is the year 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. 

These Apply To Florida Only

766.301  Legislative findings and intent.

766.302  Definitions; ss. 766.301-766.316.

766.303  Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.

766.304  Administrative law judge to determine claims.

766.305  Filing of claims and responses; medical disciplinary review.

766.306  Tolling of statute of limitations.

766.307  Hearing; parties; discovery.

766.309  Determination of claims; presumption; findings of administrative law judge binding on participants.

766.31  Administrative law judge awards for birth-related neurological injuries; notice of award.

766.311  Conclusiveness of determination or award; appeal.

766.312  Enforcement of awards.

766.313  Limitation on claim.

766.314  Assessments; plan of operation.

766.315  Florida Birth-Related Neurological Injury Compensation Association; board of directors.

766.316  Notice to obstetrical patients of participation in the plan.

 


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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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