Florida Statute 766.305 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.305 Filing of claims and responses; medical disciplinary review.—

(1) All claims filed for compensation under the plan shall commence by the claimant filing with the division a petition seeking compensation. Such petition shall include the following information:

(a) The name and address of the legal representative and the basis for her or his representation of the injured infant.

(b) The name and address of the injured infant.

(c) The name and address of any physician providing obstetrical services who was present at the birth and the name and address of the hospital at which the birth occurred.

(d) A description of the disability for which the claim is made.

(e) The time and place the injury occurred.

(f) A brief statement of the facts and circumstances surrounding the injury and giving rise to the claim.

(2) The claimant shall furnish the division with as many copies of the petition as required for service upon the association, any physician and hospital named in the petition, and the Division of Medical Quality Assurance, along with a $15 filing fee payable to the Division of Administrative Hearings. Upon receipt of the petition, the division shall immediately serve the association, by service upon the agent designated to accept service on behalf of the association, by registered or certified mail, and shall mail copies of the petition, by registered or certified mail, to any physician, health care provider, and hospital named in the petition, and shall furnish a copy by regular mail to the Division of Medical Quality Assurance and the Agency for Health Care Administration.

(3) The claimant shall furnish to the Florida Birth-Related Neurological Injury Compensation Association the following information, which must be filed with the association within 10 days after the filing of the petition as set forth in subsection (1):

(a) All available relevant medical records relating to the birth-related neurological injury and a list identifying any unavailable records known to the claimant and the reasons for the records’ unavailability.

(b) Appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the injured infant on account of the birth-related neurological injury.

(c) Documentation of expenses and services incurred to date which identifies any payment made for such expenses and services and the payor.

(d) Documentation of any applicable private or governmental source of services or reimbursement relative to the impairments.

The information required by paragraphs (a)-(d) shall remain confidential and exempt under the provisions of s. 766.315(5)(b).

(4) The association shall have 45 days from the date of service of a complete claim, filed pursuant to subsections (1) and (2), in which to file a response to the petition and to submit relevant written information relating to the issue of whether the injury alleged is a birth-related neurological injury.

(5) Upon receipt of such petition, the Division of Medical Quality Assurance shall review the information therein and determine whether it involved conduct by a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459 that is subject to disciplinary action, in which case the provisions of s. 456.073 shall apply.

(6) Upon receipt of such petition, the Agency for Health Care Administration shall investigate the claim, and if it determines that the injury resulted from, or was aggravated by, a breach of duty on the part of a hospital in violation of chapter 395, it shall take any such action consistent with its disciplinary authority as may be appropriate.

(7) Any claim which the association determines to be compensable may be accepted for compensation, provided that the acceptance is approved by the administrative law judge to whom the claim for compensation is assigned.

History.—s. 64, ch. 88-1; s. 2, ch. 89-186; s. 18, ch. 91-46; s. 4, ch. 93-251; s. 1, ch. 94-106; s. 309, ch. 96-410; s. 1804, ch. 97-102; s. 165, ch. 98-166; s. 287, ch. 99-8; s. 226, ch. 2000-160; s. 115, ch. 2002-1; s. 76, ch. 2003-416.

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Amendments to 766.305

Annotations, Discussions, Cases:

Cases Citing Statute 766.305

Total Results: 14

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

injury is a birth-related neurological injury." § 766.305(3). If NICA determines that the injury alleged

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

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

Cited 16 times | Published

representative on behalf of an injured infant.... And section 766.305(1) provides in pertinent part: All claims filed

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

*711 under the NICA Plan with the Association. § 766.305, Fla. Stat. (Supp. 1998).[12] The claim is then

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

to a formal administrative hearing process. Section 766.305(6) provides that "[a]ny claim which the association

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

claimants must file when they bring a NICA claim. See § 766.305(1)(a)-(j), Fla.Stat. (1993). This misses the point

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

participating health care providers and the claimant. § 766.305, Fla. Stat. (1993). Claimants are defined by section

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

corn-*711pensation under the NICA Plan with the Association. § 766.305, Fla. Stat. (Supp. 1998).12 The claim is then

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

representative on behalf of an injured infant.... And section 766.305(1) provides in pertinent part: All claims filed

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

with [DOAH] a petition seeking compensation.” § 766.305(1), Fla. Stat. (emphasis supplied); cf. id. (3)(c)

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

birth-related neurological injury (“BRNI”). See § 766.305, Fla. Stat. (setting out process for parents’

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

with [DOAH] a petition seeking compensation.” § 766.305(1), Fla. Stat. (emphasis supplied); cf. id. (3)(c)

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

with [DOAH] a petition seeking compensation.” § 766.305(1), Fla. Stat. (emphasis supplied); cf. id. (3)(c)

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

that a claim under the Plan is compensable. See § 766.305(1), Fla. Stat. (requiring that claim for compensation

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

petition and such allegation is mandated by Section 766.305(l)(a), Fla. Stat. (1993). “8. Petitioners filed

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.