Florida Statute 766.305 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.305

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

Arrestable Offenses / Crimes under Fla. Stat. 766.305

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.305.

Annotations, Discussions, Cases:

Cases Citing Statute 766.305

Total Results: 15

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: as “any person who files a claim pursuant to s. 766.305 for compensation.” § 766.302(3), Fla. Stat. (emphasis

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: as “any person who files a claim pursuant to s. 766.305 for compensation.” § 766.302(3), Fla. Stat. (emphasis

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

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: means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological

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

Court: Supreme Court of Florida | Date Filed: 2007-01-11

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

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

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

Court: Supreme Court of Florida | Date Filed: 2007-01-11

Citation: 948 So. 2d 705

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

Romine v. FLORIDA BIRTH RELATED NICA

Court: District Court of Appeal of Florida | Date Filed: 2003-02-14

Citation: 842 So. 2d 148, 2003 WL 327530

Snippet: years of the infant's birth. See §§ 766.302(3), 766.305(1), & 766.313, Fla. Stat. (1998). The date of the

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-07-09

Snippet: Neurological Injury Compensation Plan, pursuant to s. 766.305(2). . . ." Most of the statutes cited above specifically

Nica v. Div. of Administrative Hearings

Court: Supreme Court of Florida | Date Filed: 1997-01-16

Citation: 686 So. 2d 1349, 1997 WL 18238

Snippet: infant's birth. See §§ 766.302(3), 766.303(2), 766.305(1), and 766.313. NICA, which administers the Plan

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

Court: Supreme Court of Florida | Date Filed: 1996-02-29

Citation: 668 So. 2d 974, 21 Fla. L. Weekly Supp. 91, 1996 Fla. LEXIS 277

Snippet: means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological

FLA., BIRTH-RELATED NICA v. McKaughan

Court: Supreme Court of Florida | Date Filed: 1996-02-29

Citation: 668 So. 2d 974

Snippet: means any person who files a claim pursuant to s. 766.305 for compensation for a birth-related neurological

Braniff v. Galen of Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1995-09-11

Citation: 669 So. 2d 1051, 1995 WL 529194

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 1995-07-14

Citation: 656 So. 2d 491, 1995 WL 96392

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

White v. Florida Birth Related Neurological

Court: District Court of Appeal of Florida | Date Filed: 1995-06-09

Citation: 655 So. 2d 1292, 1995 Fla. App. LEXIS 6270, 1995 WL 340160

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

Humana of Florida, Inc. v. McKaughan

Court: District Court of Appeal of Florida | Date Filed: 1995-03-03

Citation: 652 So. 2d 852

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