Florida Statute 766.303 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 766.303

Total Results: 66

Maradiaga v. United States

679 F.3d 1286, 82 Fed. R. Serv. 3d 503, 2012 WL 1581334, 2012 U.S. App. LEXIS 9334

Court of Appeals for the Eleventh Circuit | Filed: May 8, 2012 | Docket: 1858843

Cited 59 times | Published

birth-related neurological injury claims." Fla. Stat. § 766.303(1). This no-fault compensation plan provides the

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

care and rehabilitation." § 766.301(2), see also § 766.303(1). As the Birnies did here, the injured infant

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

then all civil remedies are precluded.[5]See § 766.303(2), Fla. Stat. (1997). *999 In particular, the

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

Medical Dictionary 1498 (27th ed. 1988)). [3] See § 766.303(2), Fla. Stat. (2001) (stating that the rights

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

violation of NICA's exclusive remedy provision, section 766.303(2), Florida Statutes (1997). In each case,

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

disregard of human rights, safety, or property." § 766.303(2). *856 Claims filed under the Plan are heard

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

of NICA is its exclusive remedy provision. Section 766.303(2), Florida Statutes (1997), provides: The

Gugelmin v. ADMINISTRATIVE HEARINGS

815 So. 2d 764, 2002 WL 885235

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1278051

Cited 12 times | Published

exclusiveness of remedy provision of s. 766.303. Section 766.303(2), Florida Statutes (1999), provides: 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

immunity from tort liability provided for in section 766.303(2)."); Fla. Health Sciences Ctr., Inc. v. Div

Advisory Op. to Atty. Gen. Re Comp. Amend.

880 So. 2d 675

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1689296

Cited 10 times | Published

injuries, and limits recovery to $100,000. See § 766.303, Fla. Stat. (2003); § 766.31(1)(b)1., Fla. Stat

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

claimant's traditional common law tort rights. See § 766.303(1), (2); Florida Birth-Related Neurological Injury

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

defendants' jurisdictional argument is based, section 766.303, Florida Statutes (1991), is unconstitutional

BD. OF REGENTS OF STATE OF FLA. v. Athey

694 So. 2d 46

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1450269

Cited 8 times | Published

pursuing NICA remedies as to any appellant, section 766.303(2), Florida Statutes (1989), bars appellees

BAYFRONT MED. CENTER, INC. v. Div. of Admin. Hearings

841 So. 2d 626, 2003 WL 1785928

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1656677

Cited 7 times | Published

to the exclusiveness of remedy provision of section 766.303, Florida Statutes (1997), and that both Bayfront

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

rehabilitation." § 766.301(2), Fla. Stat. (1997); § 766.303(1), Fla. Stat. (1997). Section 766.316 provides

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

participating providers in some circumstances under section 766.303(2). See Romine v. Fla. Birth Related Neurological

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

31 So. 3d 310

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1150723

Cited 5 times | Published

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

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

claims without the necessity of proving fault. § 766.303(1). The Plan is funded by assessments levied against

FLA. HEALTH SCIENCES CENTER, INC. v. Div. of Admin. Hearings

871 So. 2d 1062

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1300427

Cited 5 times | Published

provider related to the delivery of the child. § 766.303. However, "before an obstetrical patient's remedy

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

claimants' traditional common law tort rights. See § 766.303(1), (2), Fla. Stat. (1998). See Gilbert v. Fla

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

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

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

Compensation Association (NICA). See generally § 766.303, Fla. Stat. (2005). Alexander's lawsuit was abated

Braniff v. Galen of Florida, Inc.

669 So. 2d 1051, 1995 WL 529194

District Court of Appeal of Florida | Filed: Sep 11, 1995 | Docket: 1526135

Cited 4 times | Published

BENTON, J., concurs in result. NOTES [1] Section 766.303(2), Florida Statutes (1993), provides that

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

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

Pediatrix Medical Group of Florida, Inc. v. Falconer

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

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289574

Cited 3 times | Published

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

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

989 So. 2d 2, 2008 WL 142308

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1665407

Cited 3 times | Published

exclusivity of remedy provision set forth in section 766.303(2). It is undisputed that proper notice of

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

for birth-related neurological injury claims." § 766.303(1), Fla. Stat. (2000). "The rights and remedies

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

statutorily entitled to elect their remedy. See § 766.303(2), Fla. Stat. (2004). Nevertheless, TMRMC argues

O'Brien v. Florida Birth-Related Neuro.

710 So. 2d 51, 1998 WL 190501

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731571

Cited 3 times | Published

Neurological Injury Compensation Plan established by section 766.303, Florida Statutes (1995). The administrative

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

a civil suit in lieu of a NICA petition. Id. § 766.303(2). Counsel conceded that they investigated that

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

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

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 1912956

Cited 2 times | Published

exclusivity of remedy provision of the Plan under section 766.303 because it failed to provide the requisite

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

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

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 2407289

Cited 2 times | Published

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

HEALTH SCIENCES v. Div. of Admin. Hearings

974 So. 2d 1096

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1717280

Cited 2 times | Published

birth-related neurological injuries."). [3] See § 766.303(2) ("The rights and remedies granted by this [P]lan

Bayfront v. Nica

893 So. 2d 636

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

Cited 2 times | Published

immunity from tort liability provided for in section 766.303(2). These issues are entirely distinct and

Bayfront v. Nica

893 So. 2d 636

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

Cited 2 times | Published

immunity from tort liability provided for in section 766.303(2). These issues are entirely distinct and

Abifaraj v. FLA. BIRTH-RELATED NEURO. INJURY COMPENSATION ASS'N

844 So. 2d 751

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 1662295

Cited 2 times | Published

Injury Compensation Plan ("Plan"), created by section 766.303, Florida Statutes (2002). However, because

Estate of Michelle Evette McCall v. United States

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

Supreme Court of Florida | Filed: Mar 13, 2014 | Docket: 402403

Cited 1 times | Published

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

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

infant, the parents, or legal representatives. § 766.303(2), Fla. Stat. While the “benefit paid under the

Macri v. Clements & Ashmore, P.A.

15 So. 3d 762, 2009 Fla. App. LEXIS 9699

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 60244143

Cited 1 times | Published

Neurological Injury Compensation Plan, at section 766.303(2), Florida Statutes. The appellants maintained

MacRi v. CLEMENTS AND ASHMORE, PA

15 So. 3d 762, 2009 WL 2048919

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1660428

Cited 1 times | Published

Neurological Injury Compensation Plan, at section 766.303(2), Florida Statutes. The appellants maintained

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

violation of NICA’s exclusive remedy provision, section 766.303(2), Florida Statutes (1997). In each case,

Rinella v. Abifaraj

908 So. 2d 1126, 2005 Fla. App. LEXIS 12192, 2005 WL 1832017

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 64840015

Cited 1 times | Published

willful and wanton exception enumerated in section 766.303(2), Florida Statutes (1997). Because we find

Depart v. MacRi

902 So. 2d 271, 2005 WL 1199057

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 1675079

Cited 1 times | Published

for damages by virtue of the provisions of section 766.303(2), Florida Statutes (2000). Because we conclude

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

administer it. Id. (2)(a), (3), Fla. Stat.; see also § 766.303(1), Fla. Stat. (“There is established the Florida

Florida Birth-Related Neurological Injury Compensation Association v. Elina Dudkina and Vadim Kushnir, on Behalf of and as Parents and Natural Guardians Of

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632237

Published

for birth- related neurological injury claims.” § 766.303, Fla. Stat. The eponymous Association (“NICA”)

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

it. § 766.314(2)(a), (3), Fla. Stat.; see also § 766.303(1), Fla. Stat. (“There is established the Florida

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

it. § 766.314(2)(a), (3), Fla. Stat.; see also § 766.303(1), Fla. Stat. (“There is established the Florida

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

803, 806 (Fla. 3d DCA 2012). Specifically, section 766.303(2), Florida Statutes (2015), provides in part:

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

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 69042411

Published

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

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

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

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 60254755

Published

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.

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679316

Published

the exclusiveness of remedy provision of section 766.303(2) does not apply. See 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

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

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

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

Pollock v. Danner

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

District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312501

Published

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

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

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

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

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

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

for birth-related neurological injuries. See § 766.303(2), Fla. Stat. Further, section 766.304, Florida

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

malpractice claim with respect to such injury....” § 766.303(2), Fla. Stat. (Supp. 1988). At the time of Giuliano’s

Advisory Opinion to the Attorney General re the Medical Liability Claimant's Compensation Amendment

880 So. 2d 675, 29 Fla. L. Weekly Supp. 395, 2004 Fla. LEXIS 1008

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 64832263

Published

injuries, and limits recovery to $100,000. See § 766.303, Fla. Stat. (2003); § 766.3l(1)(b)1., Fla. Stat

Florida Health Sciences Center, Inc. v. Division of Administrative Hearings

871 So. 2d 1062, 2004 Fla. App. LEXIS 6620, 2004 WL 1057684

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830144

Published

provider related to the delivery of the child. § 766.303. However, “before an obstetrical patient’s remedy

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

Statutes, refers to the Plan as established under section 766.303. The statutory provisions that I refer to are

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

844 So. 2d 751, 2003 Fla. App. LEXIS 6751, 2003 WL 21035332

District Court of Appeal of Florida | Filed: May 9, 2003 | Docket: 64822743

Published

Injury Compensation Plan (“Plan”), created by section 766.303, Florida Statutes (2002). However, because

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

724 So. 2d 688, 1999 Fla. App. LEXIS 472, 1999 WL 22730

District Court of Appeal of Florida | Filed: Jan 22, 1999 | Docket: 64785591

Published

and avoid the exclusive remedy provisions of section 766.303(2), Florida Statutes (Supp.1988), the McKaughans

Barden v. Haddox

695 So. 2d 1271, 1997 Fla. App. LEXIS 6935, 1997 WL 336591

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 64774545

Published

victims of birth-related neurological injuries. § 766.303, Fla. Stat. (1995). See also White v. Florida

Board of Regents v. Athey ex rel. Athey

694 So. 2d 46

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64773852

Published

pursuing NICA remedies as to any appellant, section 766.303(2), Florida Statutes (1989), bars appel-lees

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

other rights and remedies. In this regard, Section 766.303, Florida Statutes, provides: “(2) The rights