Florida Statute 766.302 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.302

766.302 Definitions; ss. 766.301-766.316.—As used in ss. 766.301-766.316, the term:

(1) “Association” means the Florida Birth-Related Neurological Injury Compensation Association established in s. 766.315 to administer the Florida Birth-Related Neurological Injury Compensation Plan and the plan of operation established in s. 766.314.

(2) “Birth-related neurological injury” means injury to the brain or spinal cord of a live infant weighing at least 2,500 grams for a single gestation or, in the case of a multiple gestation, a live infant weighing at least 2,000 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality.

(3) “Claimant” means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological injury to an infant. Such a claim may be filed by any legal representative on behalf of an injured infant; and, in the case of a deceased infant, the claim may be filed by an administrator, personal representative, or other legal representative thereof.

(4) “Administrative law judge” means an administrative law judge appointed by the division.

(5) “Division” means the Division of Administrative Hearings of the Department of Management Services.

(6) “Hospital” means any hospital licensed in Florida.

(7) “Participating physician” means a physician licensed in Florida to practice medicine who practices obstetrics or performs obstetrical services either full time or part time and who had paid or was exempted from payment at the time of the injury the assessment required for participation in the birth-related neurological injury compensation plan for the year in which the injury occurred. Such term shall not apply to any physician who practices medicine as an officer, employee, or agent of the Federal Government.

(8) “Plan” means the Florida Birth-Related Neurological Injury Compensation Plan established under s. 766.303.

(9) “Family member” means a father, mother, or legal guardian.

(10) “Family residential or custodial care” means care normally rendered by trained professional attendants which is beyond the scope of child care duties, but which is provided by family members. Family members who provide nonprofessional residential or custodial care may not be compensated under this act for care that falls within the scope of child care duties and other services normally and gratuitously provided by family members. Family residential or custodial care shall be performed only at the direction and control of a physician when such care is medically necessary. Reasonable charges for expenses for family residential or custodial care provided by a family member shall be determined as follows:

(a) If the family member is not employed, the per-hour value equals the federal minimum hourly wage.

(b) If the family member is employed and elects to leave that employment to provide such care, the per-hour value of that care shall equal the rates established by Medicaid for private duty services provided by a home health aide. A family member or a combination of family members providing care in accordance with this definition may not be compensated for more than a total of 10 hours per day. Family care is in lieu of professional residential or custodial care, and no professional residential or custodial care may be awarded for the period of time during the day that family care is being provided.

History.—s. 61, ch. 88-1; s. 36, ch. 88-277; s. 16, ch. 91-46; s. 2, ch. 93-251; s. 307, ch. 96-410; s. 149, ch. 2001-277; s. 5, ch. 2002-401; s. 59, ch. 2024-140; s. 25, ch. 2024-182.

F.S. 766.302 on Google Scholar

F.S. 766.302 on Casetext

Amendments to 766.302

Arrestable Offenses / Crimes under Fla. Stat. 766.302

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.302.

Annotations, Discussions, Cases:

Cases Citing Statute 766.302

Total Results: 20

NEKEISHA WILSON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF SYRIAH PINKNEY, A MINOR v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-23T00:00:00-08:00

Snippet: birth-related neurological injury” as defined by section 766.302(2), Florida Statutes. Each side presented…a statutory term of art. Id. at 836– 37; see § 766.302(2), Fla. Stat. (defining the term). Under the statute…birth-related neurological injury” as defined by section 766.302(2), and because the findings underlying this conclusion

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-30T00:00:00-08:00

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

Snippet: birth-related neurological injury as defined by § 766.302(2), Florida Statutes, who was admitted into the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-05T00:00:00-08:00

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

Snippet: Medical Center (“the hospital”) challenges section 766.302(2) of NICA on state and federal equal protection…caused by genetic or congenital abnormality. § 766.302(2), Fla. Stat. The hospital opposed the motion…appeals, arguing for the first time that section 766.302(2)’s differing birth weight requirements violate…for such physicians than other physicians”); § 766.302(2), Fla. Stat. (explaining that the remedies under… a rational basis test, asking whether section 766.302(2)’s classifications are rationally related to

Children's Medical Center, P.A., Theodore Morrison, M.D., Kenneth Budowsky, M.D., Jacinta Magnus, M.D., and Nancy Chiang, M.D. v. Jakyung Kim and Woochan Kim, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:53:00-07:00

Snippet: immediate post-delivery period in a hospital.” § 766.302(2), Fla. Stat. (2007). The respondents have neither…doctors covered by the NICA statute. See §§ 766.301, 766.302(7), Fla. Stat. (2007). Even if injuries that

Children's Medical Center, P.A. v. Kim ex rel. Kim

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:00:00-07:00

Citation: 190 So. 3d 114, 2015 Fla. App. LEXIS 8026, 2015 WL 3396708

Snippet: immediate post-delivery period in a hospital.” § 766.302(2), Fla.' Stat. - (2007). The respondents …doctors covered by the NICA statute. See §§ 766.301, 766.302(7), Fla. Stat. (2007). Even if injuries that the

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

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

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

Snippet: birth-related neurological injuries, as defined in section 766.302(2), Florida Statutes (2007). Her parents, Angela

University of Miami v. Exposito ex rel. Gonzales

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-27T00:00:00-07:00

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

Snippet: substantially mentally and physically impaired. § 766.302(2), Fla. Stat. (2010) (emphasis added). “Claimant…representative, or other legal representative thereof. § 766.302(3), Fla. Stat. (2010) (emphasis added). The NICA…serves as the administrator of the NICA Plan. §§ 766.302(1), 766.303(1), and 766.315, Fla. Stat. (2010).…birth-related neurological injury to an infant." § 766.302(3) Fla. Stat. (2010) (emphasis added). . Presumably

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

Court: Fla. | Date Filed: 2011-07-07T00:00:00-07:00

Citation: 71 So. 3d 828, 2011 WL 2637444

Snippet: substantially mentally and physically impaired." § 766.302(2), Fla. Stat. (2001). The question presented is…neurological injury" within the scope of section 766.302(2). In the administrative hearing, the critical…*836 Plan, and the claim is not compensable. § 766.302(2), Fla. Stat. See also Nagy v. Florida Birth-Related…caused by genetic or congenital abnormality. § 766.302(2), Fla. Stat. (2001). Thus, based on the language…birth-related neurological injury as defined in s. 766.302(2). § 766.309(1)(a), Fla. Stat. (2001). Through

Orlando Regional Healthcare System, Inc. v. Gwyn

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-04T00:00:00-08:00

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

Snippet: ; as defined in the Act. Specifically, section 766.302(7), Florida Statutes (2010), defines "participating… a "participating physician." See §§ 766.302(7) and 766.314(4)(c). Significantly, birth-related

Samples v. Florida Birth-Related Neurological

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-18T00:00:00-07:00

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

Snippet: birth-related neurological injuries, as defined in section 766.302(2), Florida Statutes (2007). Her parents, Angela…two biological parents, a mother and a father. § 766.302(9), Fla. Stat. If a single parent is awarded $100,000

Tarpon Springs Hospital Foundation, Inc. v. Anderson

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-21T00:00:00-07:00

Citation: 34 So. 3d 742, 2010 Fla. App. LEXIS 5257, 2010 WL 1563544

Snippet: birth-related neurological injuries." Section 766.302(7) defines the term, "participating physician

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:53:00-07:00

Citation: 31 So. 3d 310

Snippet: participating physicians" under the plan. § 766.302(7) (defining a "participating physician"…obstetrical services must pay the yearly assessment. § 766.302(7), Fla. Stat. (2009). A contrary reading would

Pediatrix Medical Group of Florida, Inc. v. Falconer

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:00:00-07:00

Citation: 31 So. 3d 310, 2010 Fla. App. LEXIS 4502, 2010 WL 1329656

Snippet: not “participating physicians” under the plan. § 766.302(7) (defining a “participating physician” as one…obstetrical services must pay the yearly assessment. § 766.302(7), Fla. Stat. (2009). A contrary reading would

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

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-03T00:00:00-08:00

Citation: 98 So. 3d 64, 2010 Fla. App. LEXIS 2521, 2010 WL 711859

Snippet: neurological injuries within the meaning of section 766.302(2), Florida Statutes (1995). In 1996, the Michaels…either authorized or created by statute. See § 766.302(1). Its directors are appointed by the Chief Financial

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

Court: Fla. | Date Filed: 2010-01-14T00:00:00-08:00

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

Snippet: plan for the year in which the injury occurred. § 766.302(7), Fla. Stat. (1997). "`Hospital' means…means any hospital licensed in Florida." § 766.302(6), Fla. Stat. (1997). In the underlying cases,…section 766.303, Florida Statutes (1997). See § 766.302(8), Fla. Stat. (1997). [3] The Second District

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

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-21T00:00:00-07:00

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

Snippet: the Plan, and the claim is not compensable. § 766.302(2), Fla. Stat. See also Nagy v. Florida Birth-Related…substantially mentally and physically impaired.” § 766.302(2), Fla. Stat. If the infant’s injury satisfies…legal representative(s) of the injured infant. § 766.302(3), Fla. Stat. The stipulation entered into by … neurological impairment as defined in section 766.302, Florida Statutes, until suffering from severe …70related neurological injury as defined in s. 766.302(2). As noted, the parties stipulated that Tristan

Orhs v. Florida Birth-Related Neurological

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-31T00:00:00-07:00

Citation: 997 So. 2d 426

Snippet: neurological injury," as defined under section 766.302(2), Florida Statutes (2004), since the brain injury…neurological injury," as defined in section 766.302(2), Florida Statutes. As a result, NICA requested…substantially mentally and physically impaired. § 766.302(2), Fla. Stat. (2004). If the infant's injury…substantially mentally and physically impaired. § 766.302(2), Fla. Stat. (2004) (emphasis supplied). On this

Bayfront v. Birth-Related Neurological

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-15T23:53:00-08:00

Citation: 982 So. 2d 704

Snippet: quot;[b]irth-related neurological injury," § 766.302, and if the delivering physician is a participant

Dianderas v. FL. BIRTH RELATED NEUROLOGICAL

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-20T23:53:00-08:00

Citation: 973 So. 2d 523

Snippet: neurological injury" within the meaning of section 766.302(2); that the language of NICA's brochure satisfied… by participating physicians, as defined in s. 766.302(7), Florida Statutes, are covered by the Plan. …mentally and physically impaired" under section 766.302(2), Florida Statutes, must be construed to require

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

Court: Fla. | Date Filed: 2007-01-11T00:00:00-08:00

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

Snippet: , the Legislature established the NICA Plan, § 766.302(8), Fla. Stat. (1997), “for the purpose of providing…participating health care provider, as defined in section 766.302(7). § 766.309(l)(b), Fla. Stat. Finally, if the…civil tort action based upon the same claim. See § 766.302(6)-(7), Fla. Stat. (1997). However, as previously…recommendation on whether the claim is compensable. See § 766.302(1), Fla. Stat. (1997); §§ 766.305, .308, .315, …regarding the com-pensability of the claim. . See § 766.302(1), Fla. Stat. (1997); see also §§ 766.314-.315