Florida Statute 766.306 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.306 Tolling of statute of limitations.—The statute of limitations with respect to any civil action that may be brought by, or on behalf of, an injured infant allegedly arising out of, or related to, a birth-related neurological injury shall be tolled by the filing of a claim in accordance with ss. 766.301-766.316, and the time such claim is pending or is on appeal shall not be computed as part of the period within which such civil action may be brought.

History.—s. 65, ch. 88-1.

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Amendments to 766.306

Annotations, Discussions, Cases:

Cases Citing Statute 766.306

Total Results: 8

FLA., BIRTH-RELATED NICA v. McKaughan

668 So. 2d 974

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

Cited 16 times | Published

such claim is pending before DOAH or on appeal. § 766.306.[1] Conversely, the workers' compensation scheme

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

tolled by the filing of a NICA claim. See section 766.306, Fla. Stat. (1997). [13] See § 766.301(1)(d)

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

tolled while the claim is pending or on appeal. § 766.306. The intent of the Plan's tolling statute, at

Ross v. Jim Adams Ford, Inc.

871 So. 2d 312, 2004 WL 1057655

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1300677

Cited 9 times | Published

Code, or the Florida Guardianship Law"). Compare § 766.306, Fla. Stat. (2003) (expressly providing that statute

University of Miami v. ZEPEDA BY ZEPEDA

674 So. 2d 765, 1996 WL 180056

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 1661800

Cited 3 times | Published

against appellants in the Dade Circuit Court. § 766.306, Fla.Stat. (1991). [2] We hasten to point out

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

tolled by the filing of a NICA claim. See section 766.306, Fla. Stat. (1997). . See § 766.301(l)(d)

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

such claim is pending before DOAH or on appeal. § 766.306.1 Conversely, the workers’ compensation scheme

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

whether the claims were covered under NICA. See § 766.306, Fla. Stat. Therefore, the decision of the administrative

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.