766.301
Legislative findings and intent.
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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.
Notes of Decisions
Cited in 73
cases (5 in the last 5 years), 1990–2025 · leading case: Bennett v. St. Vincent's Medical Center, Inc.
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Samples v. Florida Birth-Related Neurological (2010)
“See § 766.301(2), Fla. Stat. (“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.”
Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings (2007)
“See § 766.301, Fla. Stat. (Supp.1998). In NICA, the Legislature established the NICA Plan, § 766.”
All Children's Hosp., Inc. v. Dept. of Admin. Hearings (2004)
“See §§ 766.301-.316, Fla. Stat. (Supp.1988). The version of the plan applicable here is found in sections 766.”
St. Vincent's Medical Center, Inc. v. Bennett (2009)
“See §§ 766.301-.316, Fla. Stat.; Fla. Birth-Related Neurological Injury Comp.”
Univeristy of Miami, School of Medicine v. Ruiz (2015)
“The University of Miami, doing business as The University of Miami School of Medicine (“UM”), petitions this Court for cer-tiorari relief from the trial court’s order denying its motion for summary judgment on the plaintiffs’ claims for medical malpractice based on UM’s…”
Nica v. Div. of Administrative Hearings (1997)
“As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION (2002)
“See §§ 766.301-316, Fla. Stat. (1997); Fla. Birth-Related Neurological Injury Comp.”
Galen of Florida, Inc. v. Braniff (1997)
“His dissenting opinion, which I adopt in full, reads as follows: The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom…”
Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings (2010)
“§ 766.301, Fla. Stat. (1997). The legislature found that obstetricians were among the most severely affected by the current malpractice problems and that the costs of birth-related neurological injury claims were extremely high.”
O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association (2000)
“Paragraph (d) of subsection (1) of Section 766.301, Florida Statutes, is amended to read: 766.”
Bayfront v. Birth-Related Neurological (2008)
“NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1) — 6 cases
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Galen of Florida, Inc. v. Braniff (1997)
“His dissenting opinion, which I adopt in full, reads as follows: The very first provision of NICA, section 766.301, Florida Statute (1993) provides: (1) The Legislature makes the following findings: (a) Physicians practicing obstetrics are high-risk medical specialists for whom…”
— 766.301(1)(a) — 2 cases
Bayfront v. Birth-Related Neurological (2008)
“NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1)(c) — 2 cases
Bayfront v. Birth-Related Neurological (2008)
“NOTES [1] §§ 766.301-.316, Fla. Stat. (1997). [2] See § 766.”
— 766.301(1)(d) — 11 cases
All Children's Hosp., Inc. v. Dept. of Admin. Hearings (2004)
“See §§ 766.301-.316, Fla. Stat. (Supp.1988). The version of the plan applicable here is found in sections 766.”
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
University of Miami v. MA (2001)
Weinstock v. Houvardas (2006)
— 766.301(2) — 24 cases
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Nica v. Div. of Administrative Hearings (1997)
“As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
Nagy v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION (2002)
“See §§ 766.301-316, Fla. Stat. (1997); Fla. Birth-Related Neurological Injury Comp.”
Samples v. Florida Birth-Related Neurological (2010)
“See § 766.301(2), Fla. Stat. (“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.”
— 766.301(c) — 1 case
Nica v. Div. of Administrative Hearings (1997)
“As the Birnies did here, the injured infant or his personal representative may seek compensation under the Plan by filing a claim for compensation with the Division of Administrative Hearings (DOAH) within five years of the infant's birth.”
— 766.301(d) — 1 case
Samples v. Florida Birth-Related Neurological (2010)
“See § 766.301(2), Fla. Stat. (“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.”
— 766.301(l)(a) — 1 case
Putnam Community Medical Center v. Florida Birth-Related NeuroLogical Injury Compensation Ass'n (2016)
— 766.301(l)(b) — 1 case
Samples v. Florida Birth-Related Neurological (2010)
“See § 766.301(2), Fla. Stat. (“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.”
— 766.301(l)(c) — 1 case
Samples v. Florida Birth-Related Neurological (2010)
“See § 766.301(2), Fla. Stat. (“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.”
— 766.301(l)(d) — 3 cases
Bennett v. St. Vincent's Medical Center, Inc. (2011)
“See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its statement of findings and intent set forth in section 766.”
Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative Hearings (2007)
“See § 766.301, Fla. Stat. (Supp.1998). In NICA, the Legislature established the NICA Plan, § 766.”
— 766.301(l)(e) — 1 case
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