Florida Statute 766.303 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.303

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

(1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injury claims. Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Compensation Association.

(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury; except that a civil action shall not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311.

(3) Sovereign immunity is hereby waived on behalf of the Florida Birth-Related Neurological Injury Compensation Association solely to the extent necessary to assure payment of compensation as provided in s. 766.31.

(4) The association shall administer the plan in a manner that promotes and protects the health and best interests of children with birth-related neurological injuries.

History.—s. 62, ch. 88-1; s. 37, ch. 88-277; s. 1, ch. 89-186; s. 1154, ch. 97-102; s. 74, ch. 2003-416; s. 2, ch. 2021-134.

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Amendments to 766.303

Arrestable Offenses / Crimes under Fla. Stat. 766.303

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.303.

Annotations, Discussions, Cases:

Cases Citing Statute 766.303

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: custodial care and rehabilitation.” §§ 766.301, 766.303(1), (2), Fla. Stat. (2019). A board of directors

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

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: custodial care and rehabilitation.” §§ 766.301, 766.303(1), (2), Fla. Stat. (2019). A board of directors

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

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

Snippet: 806 (Fla. 3d DCA 2012). Specifically, section 766.303(2), Florida Statutes (2015), provides in part:

Sylvia Siegfried, M.D. v. Yanara Avila-Cana

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: Neurological Injury Compensation Plan (NICA). See § 766.303(2), Fla. Stat. (2016). We have certiorari jurisdiction

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

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

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

Snippet: the exclusiveness of remedy provision of section 766.303(2) does not apply. See Fla. Birth-Related Neurological

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: District Court of Appeal of Florida | Date Filed: 2015-05-27

Snippet: the exclusiveness of remedy provision of section 766.303(2) does not apply. See Fla. Birth-Related Neurological

Univeristy of Miami, School of Medicine v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 164 So. 3d 758, 2015 Fla. App. LEXIS 7980

Snippet: statutory requirements of NICA. See § 766.303, Fla. Stat. (1998). The ALJ determined that Michael’s

University of Miami, School of Medicine v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

Snippet: meeting the statutory requirements of NICA. See § 766.303, Fla. Stat. (1998). The ALJ determined that

Estate of Michelle Evette McCall v. United States

Court: Supreme Court of Florida | Date Filed: 2014-03-13

Citation: 134 So. 3d 894, 39 Fla. L. Weekly Supp. 104, 2014 WL 959180, 2014 Fla. LEXIS 933

Snippet: injury claims. 114 So.3d at 914-15; see also § 766.303, Fla. Stat. (2013). In rejecting an equal protection

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

Court: Supreme Court of Florida | Date Filed: 2013-05-16

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

Snippet: disregard of human rights, safety, or property.” § 766.303(2), Fla. Stat. (2010). We therefore hold that the

Pollock v. Danner

Court: District Court of Appeal of Florida | Date Filed: 2012-09-19

Citation: 98 So. 3d 650, 2012 WL 4094817, 2012 Fla. App. LEXIS 15745

Snippet: exclusive remedy for the claims under section 766.303(2), Florida Statutes (2010). Although we agree

University of Miami v. Exposito ex rel. Gonzales

Court: District Court of Appeal of Florida | Date Filed: 2012-04-27

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

Snippet: exclusiveness of remedy provisions of Section 766.303, Florida Statutes.” On November 22, 2010, in response

Anderson Ex Rel. Anderson v. Helen Ellis Memorial Hospital Foundation, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 66 So. 3d 1095, 2011 Fla. App. LEXIS 13083, 2011 WL 3629352

Snippet: of remedy provision of the Plan under section 766.303 because it failed to provide the requisite notice

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

Court: Supreme Court of Florida | Date Filed: 2011-07-07

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

Snippet: brought under traditional tort law. See §§ 766.301, 766.303, Fla. Stat. As the Legislature explained in its

All Children's Hospital, Inc. v. Department of Administrative Hearings

Court: District Court of Appeal of Florida | Date Filed: 2011-02-18

Citation: 55 So. 3d 670, 2011 Fla. App. LEXIS 1987, 2011 WL 561453

Snippet: immune from tort liability under NICA, section 766.303(2), Florida Statutes (1997), and that the Glenns'

Orlando Regional Healthcare System, Inc. v. Gwyn

Court: District Court of Appeal of Florida | Date Filed: 2011-02-04

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

Snippet: from suit to anyone. Instead, pursuant to section 766.303(2), NICA is to provide the exclusive remedies for

Samples v. Florida Birth-Related Neurological

Court: District Court of Appeal of Florida | Date Filed: 2010-06-18

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

Snippet: consortium claims have been abrogated. Section 766.303(2), Florida Statutes, expressly excludes filial

Tarpon Springs Hospital Foundation, Inc. v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 2010-04-21

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

Snippet: immunity from tort liability under subsection 766.303(2), Florida Statutes (2004). [3] At the time of

Pediatrix Medical Group of Florida, Inc. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

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

Snippet: Injury Compensation Plan (NICA or “the plan”). § 766.303(2), Fla. Stat. (2009) (explaining that rights and

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 31 So. 3d 310

Snippet: Injury Compensation Plan (NICA or "the plan"). § 766.303(2), Fla. Stat. (2009) (explaining that rights and