Florida Statute 766.301 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.301 Legislative findings and intent.—

(1) The Legislature makes the following findings:

(a) Physicians practicing obstetrics are high-risk medical specialists for whom malpractice insurance premiums are very costly, and recent increases in such premiums have been greater for such physicians than for other physicians.

(b) Any birth other than a normal birth frequently leads to a claim against the attending physician; consequently, such physicians are among the physicians most severely affected by current medical malpractice problems.

(c) Because obstetric services are essential, it is incumbent upon the Legislature to provide a plan designed to result in the stabilization and reduction of malpractice insurance premiums for providers of such services in Florida.

(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. The issue of whether such claims are covered by this act must be determined exclusively in an administrative proceeding.

(2) It is the intent of the Legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation. This plan shall apply only to birth-related neurological injuries.

History.—s. 60, ch. 88-1; s. 1, ch. 98-113.

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F.S. 766.301 on CourtListener

Amendments to 766.301

Annotations, Discussions, Cases:

Cases Citing Statute 766.301

Total Results: 55

Nica v. Div. of Administrative Hearings

686 So. 2d 1349, 1997 WL 18238

Supreme Court of Florida | Filed: Jan 16, 1997 | Docket: 1260348

Cited 40 times | Published

costs for custodial care and rehabilitation." § 766.301(2), see also § 766.303(1). As the Birnies did

Galen of Florida, Inc. v. Braniff

696 So. 2d 308, 1997 WL 213718

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1696195

Cited 25 times | Published

Ass'n v. McKaughan, 668 So.2d 974 (Fla.1996); § 766.301(1), Fla. Stat. (1993). Under our reading of the

Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

29 So. 3d 992, 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 1642779

Cited 19 times | Published

insurance for physicians practicing obstetrics. § 766.301, Fla. Stat. (1997). The legislature found that

O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association

757 So. 2d 624, 2000 Fla. App. LEXIS 6077, 2000 WL 638929

District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1331221

Cited 19 times | Published

Section 1. Paragraph (d) of subsection (1) of Section 766.301, Florida Statutes, is amended to read: 766

Bennett v. St. Vincent's Medical Center, Inc.

71 So. 3d 828, 2011 WL 2637444

Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2354289

Cited 16 times | Published

neurological injury claims were particularly high. § 766.301(1), Fla. Stat. (2001). Consequently, the Legislature

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 2526353

Cited 16 times | Published

in Florida of essential obstetrical services. § 766.301(1), Fla.Stat. (1993). The plan establishes a no-fault

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

948 So. 2d 705

Supreme Court of Florida | Filed: Jan 11, 2007 | Docket: 1769935

Cited 15 times | Published

delivery of obstetric services in Florida. See § 766.301, Fla. Stat. (Supp.1998). In NICA, the Legislature

Humana of Florida, Inc. v. McKaughan

652 So. 2d 852

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 476328

Cited 14 times | Published

availability of essential obstetrical services. § 766.301(1). The Plan establishes an administrative system

All Children's Hosp., Inc. v. Dept. of Admin. Hearings

863 So. 2d 450, 2004 WL 57230

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 2545452

Cited 12 times | Published

system of compensation irrespective of fault." § 766.301(1)(d). Eligibility for NICA compensation is based

University of Miami v. MA

793 So. 2d 999, 2001 WL 649618

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1677861

Cited 12 times | Published

301(1)(d) and 766.304, Ch. 98.113, were amended. Section 766.301(1)(d) was amended to add the following language:

University of Miami v. MA

793 So. 2d 999, 2001 WL 649618

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1677861

Cited 12 times | Published

301(1)(d) and 766.304, Ch. 98.113, were amended. Section 766.301(1)(d) was amended to add the following language:

Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION

813 So. 2d 155, 2002 WL 385000

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1403580

Cited 11 times | Published

costs for custodial care and rehabilitation." § 766.301(2), Fla. Stat. (1997). This case involves the

Tabb Ex Rel. Tabb v. FLORIDA NICA

880 So. 2d 1253, 2004 WL 1920005

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1294959

Cited 10 times | Published

issue, contrary to the terms of the law. See § 766.301(1)(d), Fla. Stat. (2001) ("The issue of whether

Fluet v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION

788 So. 2d 1010, 2001 WL 220009

District Court of Appeal of Florida | Filed: Mar 7, 2001 | Docket: 1685169

Cited 10 times | Published

health services. See ch. 88-1, § 60, Laws of Fla.; § 766.301(1)(a), (c), Fla. Stat. (1999). See also David

University of Miami v. Klein

603 So. 2d 651, 1992 WL 191597

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 1475853

Cited 10 times | Published

Birth-Related Neurological Injury Compensation Plan, section 766.301 et. seq., Florida Statutes (1991), provides

Schur v. Florida Birth-Related Neurological

832 So. 2d 188, 2002 WL 31641524

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1700073

Cited 7 times | Published

costs for custodial care and rehabilitation." § 766.301(2), Fla. Stat. (1997); § 766.303(1), Fla. Stat

University of Miami v. Ruiz

916 So. 2d 865, 2005 WL 2862055

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1659599

Cited 6 times | Published

costs for custodial care and rehabilitation." See § 766.301(2), Fla. Stat. (1998). Physicians participating

Bayfront v. Birth-Related Neurological

982 So. 2d 704, 2008 WL 140806

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1664792

Cited 5 times | Published

costs for custodial care and rehabilitation." § 766.301(2). The Plan provides for the payment of claims

Romine v. FLORIDA BIRTH RELATED NICA

842 So. 2d 148, 2003 WL 327530

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1730578

Cited 5 times | Published

child was born: Section 6. The amendments to section 766.301 and 766.304, Florida Statutes, shall take effect

State Farm Mut. Auto. Ins. Co. v. Hassen

650 So. 2d 128, 1995 WL 44539

District Court of Appeal of Florida | Filed: Feb 1, 1995 | Docket: 1346814

Cited 5 times | Published

v. Auld, 450 So.2d 217 (Fla. 1984). [14] Section 766.301, Florida Statutes (1993), for example, sets

Samples v. Florida Birth-Related Neurological

40 So. 3d 18, 2010 Fla. App. LEXIS 8763, 2010 WL 2425998

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1667052

Cited 4 times | Published

as provided for in section 766.31(1)(b)1. See § 766.301(2), Fla. Stat. ("It is the intent of the Legislature

ORLANDO REGIONAL HEALTHCARE v. Alexander

932 So. 2d 598, 31 Fla. L. Weekly Fed. D 1788

District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1285486

Cited 4 times | Published

system of compensation irrespective of fault. See § 766.301, Fla. Stat. (2005). Accordingly, we grant ORHS's

Jackson v. FLORIDA BIRTH-RELATED NEURO.

932 So. 2d 1125, 2006 WL 1649027

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1684679

Cited 4 times | Published

C.J., and SAWAYA, J., concur. NOTES [1] Section 766.301 through section 766.316 of the Florida Statutes

ORLANDO REGIONAL HEALTHCARE v. Alexander

909 So. 2d 582, 2005 WL 2104317

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1663217

Cited 4 times | Published

neurological injuries on a no-fault basis. Section 766.301 of the Florida Statutes articulates the Legislature's

Univeristy of Miami, School of Medicine v. Ruiz

164 So. 3d 758, 2015 Fla. App. LEXIS 7980, 2015 WL 3390092

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659833

Cited 3 times | Published

Florida’s Birth-Related Neurological Injury Act, § 766.301, Fla. Stat., et seq. (1998) (“NICA”). We hold

Weinstock v. Houvardas

924 So. 2d 982, 2006 WL 931588

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1735948

Cited 3 times | Published

exclusively in *985 an administrative proceeding." § 766.301(1)(d), Fla. Stat. (Supp.1998). This leads us to

Northwest Medical Center, Inc. v. Ortiz

920 So. 2d 781, 2006 WL 348718

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1441342

Cited 3 times | Published

malpractice insurance premiums" faced by obstetricians. § 766.301(1)(c), Fla. Stat. (2000). *784 The plan provides

FLORIDA BIRTH-RELATED NICA v. Ferguson

869 So. 2d 686, 2004 WL 690565

District Court of Appeal of Florida | Filed: Apr 2, 2004 | Docket: 1174897

Cited 3 times | Published

Neurological Injury Compensation Plan (the Plan), see § 766.301.316, Fla. Stat. (1997), the health care providers

BIRTH-RELATED N. INJURY COMP. v. Carreras

633 So. 2d 1103, 1994 WL 45168

District Court of Appeal of Florida | Filed: Feb 15, 1994 | Docket: 1296241

Cited 3 times | Published

very expensive, permanent disabilities. See § 766.301, Fla. Stat. (1991). The process of qualifying

Bayfront v. Nica

893 So. 2d 636

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1720834

Cited 2 times | Published

NORTHCUTT and KELLY, JJ., Concur. NOTES [1] § 766.301-.316, Fla. Stat. (1997 and Supp.1998). [2] We

South Broward Hosp. Dist. v. Dupont

683 So. 2d 1135, 1996 WL 710800

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 466193

Cited 2 times | Published

Injury Compensation Association pursuant to section 766.301, Florida Statutes (1993). The hearing officer

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401, 1995 WL 757878

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790

Cited 2 times | Published

dissenting. The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature

Fla Birth Related Neuro. v. Div. Admin.

664 So. 2d 1016, 1995 WL 612957

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 1229761

Cited 2 times | Published

we overlooked the legislative admonition in section 766.301(2), Florida Statutes, that it intended that

CENTRAL FLORIDA REGIONAL HOSP., INC. v. Wager

656 So. 2d 491, 1995 WL 96392

District Court of Appeal of Florida | Filed: Jul 14, 1995 | Docket: 1283621

Cited 2 times | Published

costs for custodial care and rehabilitation. § 766.301(2), Fla. Stat. (1993). NICA further provides for

St. Vincent's Medical Center, Inc. v. Bennett

27 So. 3d 65, 2009 Fla. App. LEXIS 12744, 2009 WL 2602286

District Court of Appeal of Florida | Filed: Aug 21, 2009 | Docket: 1664696

Cited 1 times | Published

Compensation Plan (hereafter, the NICA Plan), section 766.301, et seq., Florida Statutes (2001). The Bennetts

Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings

948 So. 2d 705, 2007 Fla. LEXIS 2

Supreme Court of Florida | Filed: Jan 11, 2007 | Docket: 64849096

Cited 1 times | Published

whether a claim is compensable under NICA. See § 766.301, Fla. Stat. (Supp. 1998) (“The issue of whether

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 64762717

Cited 1 times | Published

in Florida of essential obstetrical services. § 766.301(1), Fla.Stat. (1993). The plan establishes a no-fault

McGibony v. BIRTH-RELATED N. INJURY COMP. PLAN

564 So. 2d 177

District Court of Appeal of Florida | Filed: Jun 25, 1990 | Docket: 1294262

Cited 1 times | Published

Chapter 88-1, Section 60, now codified as Section 766.301, Florida Statutes (1989), sets forth findings

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Aug 7, 2025 | Docket: 69455307

Published

legal representatives to have suffered a BRNI. § 766.301(2), Fla. Stat. (“It is the intent of the Legislature

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

legal representatives to have suffered a BRNI. § 766.301(2), Fla. Stat. (“It is the intent of the Legislature

Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455307

Published

legal representatives to have suffered a BRNI. § 766.301(2), Fla. Stat. (“It is the intent of the Legislature

Erica McDonald, as Parent and Natural Guardian of J.M., a Minor v. Florida Birth-Related Neurological Injury Compensation Association, and Florida Health Sciences Center, Inc. D/B/A Tampa General Hospital; And University of South Florida Board of Trustees

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69393186

Published

Birth-Related Neurological Injury Compensation Plan, § 766.301, Fla. Stat. et seq., because it was filed too

Lampert v. Florida Birth-Related Neurological Injury Compensation Ass'n

206 So. 3d 845, 2016 Fla. App. LEXIS 19341

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 63631174

Published

Division of Administrative Hearings pursuant to § 766.301-766.316, Elori-da Statutes. Pending the completion

Putnam Community Medical Center v. Florida Birth-Related NeuroLogical Injury Compensation Ass'n

204 So. 3d 598, 2016 Fla. App. LEXIS 17937

District Court of Appeal of Florida | Filed: Dec 5, 2016 | Docket: 4548149

Published

statute was designed to provide. See § 766.301(l)(a), Fla. Stat. (the Legislature recognizing

Mobley and Sanders v. Homestead Hospital, Inc.

202 So. 3d 868, 2016 Fla. App. LEXIS 11076

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 4112461

Published

infants born with certain neurological injuries. § 766.301(2), Fla. Stat.; Fla. Birth-Related. Neurological

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633385

Published

Florida’s Birth-Related Neurological Injury Act, § 766.301, Fla. Stat., et seq. (1998) (hereinafter, “NICA”)

Samples v. Florida Birth-Related Neurological Injury Compensation Ass'n

114 So. 3d 912, 38 Fla. L. Weekly Supp. 317, 2013 WL 2096260, 2013 Fla. LEXIS 1001

Supreme Court of Florida | Filed: May 16, 2013 | Docket: 60232016

Published

costs for custodial care and rehabilitation.” § 766.301(2), Fla. Stat. (2010). The Plan as a whole — including

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803, 2012 WL 1448963, 2012 Fla. App. LEXIS 6544

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60308049

Published

Compensation Plan (“the Plan”) as set forth in Section 766.301 et seq., Florida Statutes”; (2) The “issue

Orlando Regional Healthcare System, Inc. v. Gwyn

53 So. 3d 385, 2011 Fla. App. LEXIS 1081, 2011 WL 335401

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 98828

Published

premiums for physicians practicing obstetrics. § 766.301(1)(c). A fund was created by the Legislature to

De Souza v. Ortiz

901 So. 2d 269, 2005 Fla. App. LEXIS 6000, 2005 WL 957593

District Court of Appeal of Florida | Filed: Apr 27, 2005 | Docket: 64838011

Published

Neurological Injury Compensation Plan (NICA Plan). See § 766.301-.316, Fla. Stat. The trial court initially stayed

Gugelmin v. Florida Birth Related Neurological Injury Compensation Ass'n

882 So. 2d 517, 2004 Fla. App. LEXIS 13846, 2004 WL 2101891

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832581

Published

Birth-Related Neurological Injury Compensation Plan. See § 766.301(1), Fla. Stat. (Supp.1988). The statute authorized

Adventist Hlth. v. Fl. Birth-Related Injury

865 So. 2d 561, 2004 WL 19485

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1231502

Published

which suffer birth-related neurological injuries. § 766.301, Fla. Stat.[1] As Judge Altenbernd noted in Fluet:

White v. Florida Birth Related Neurological

655 So. 2d 1292, 1995 Fla. App. LEXIS 6270, 1995 WL 340160

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 64756700

Published

three petitions for ‘Benefits Pursuant to Florida Statute 766.301, et seq.’ were filed with the Division

Florida Birth-Related Neurological Injury Compensation Ass'n v. Carreras

598 So. 2d 299, 1992 Fla. App. LEXIS 5238, 1992 WL 102430

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 64667157

Published

compensation claims (“JCC”) under the authority of section 766.-301 et seq., Florida Statutes (1991), the Florida

McGibony v. Florida Birth-Related Neurological Injury Compensation Plan

564 So. 2d 177, 1990 Fla. App. LEXIS 4525, 1990 WL 85455

District Court of Appeal of Florida | Filed: Jun 25, 1990 | Docket: 64651620

Published

Chapter 88-1, Section 60, now codified as Section 766.301, Florida Statutes (1989), sets forth findings

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 766 in the context of medical malpractice litigation and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.