Florida Statute 766.313 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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766.313 Limitation on claim.—Any claim for compensation under ss. 766.301-766.316 that is filed more than 5 years after the birth of an infant alleged to have a birth-related neurological injury shall be barred.

History.—s. 72, ch. 88-1; s. 38, ch. 88-277; s. 1, ch. 93-251.

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Amendments to 766.313

Annotations, Discussions, Cases:

Cases Citing Statute 766.313

Total Results: 3

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

compensation must be filed within five years of birth. § 766.313. Once a claim is filed, however, the statute of

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

“Plan”) was compensable but time-barred under section 766.313, Florida Statutes (2015), and that Appellees

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

biHh-related neurological injury shall be barred. § 766.313, Fla. Stat. (2010) (emphasis added). In summary

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.