Florida Statutes

Fla. Stat. § 766.316 (2025)

Notice to obstetrical patients of participation in the plan.

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766.316 Notice to obstetrical patients of participation in the plan.—Each hospital with a participating physician on its staff and each participating physician, other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314(4)(c), under the Florida Birth-Related Neurological Injury Compensation Plan shall provide notice to the obstetrical patients as to the limited no-fault alternative for birth-related neurological injuries. Such notice shall be provided on forms furnished by the association and shall include a clear and concise explanation of a patient’s rights and limitations under the plan. The hospital or the participating physician may elect to have the patient sign a form acknowledging receipt of the notice form. Signature of the patient acknowledging receipt of the notice form raises a rebuttable presumption that the notice requirements of this section have been met. Notice need not be given to a patient when the patient has an emergency medical condition as defined in s. 395.002(8)(b) or when notice is not practicable.

History.—s. 75, ch. 88-1; s. 8, ch. 89-186; s. 4, ch. 98-113; s. 91, ch. 99-3; s. 205, ch. 2007-230.

Notes of Decisions

Cited in 60 cases (4 in the last 5 years), 1995–2025 · leading case: Weeks v. Birth-related Neurological, 977 So. 2d 616 (Fla. 5th DCA 2008).

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Weeks v. Birth-related Neurological, 977 So. 2d 616 (Fla. 5th DCA 2008). · cites it 25× “" § 766.316, Fla. Stat. (2002). Because section 766.”

Florida Birth-Related Neurological Injury Comp. Ass'n v. Florida Div. of Admin. Hearings, 948 So. 2d 705 (Fla. 2007). · cites it 39× “See § 766.316, Fla. Stat. (2001); Galen, 696 So.”

Florida Birth-Related Neurological Injury Comp. Ass'n v. Dep't of Admin. Hearings, 29 So. 3d 992 (Fla. 2010). · cites it 10× “Consequently, the legislature created the NICA fund to provide compensation, on a no-fault basis, for birth-related neurological injuries. Id. Because NICA remedies are limited, obstetric patients subject to limited compensation under NICA are entitled to receive pre-delivery…”

Tabb Ex Rel. Tabb v. Florida Nica, 880 So. 2d 1253 (Fla. 1st DCA 2004). · cites it 10× “In order to "hear and determine" a claim, an ALJ must, almost of necessity, decide whether notice was given, because if no notice was given, the exclusivity provision of the statute does not apply.”

Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997). · cites it 9× “The Braniffs took the position that their civil suit was not precluded because the defendants had failed to comply with the NICA plan's notice provision, section 766.316, Florida Statutes (1993).”

All Child.'s Hosp., Inc. v. Dept. of Admin. Hearings, 863 So. 2d 450 (Fla. 2d DCA 2004). · cites it 9× “See § 766.316, Fla. Stat. (Supp.1998). However, that amendment is inapplicable here because it "appl[ies] only to causes of action [actually] accruing on or after" July 1, 1998.”

Univ. of Miami v. Ruiz, 916 So. 2d 865 (Fla. 3d DCA 2005). · cites it 13× “§ 766.316, Fla. Stat. (1998). The purpose of the notice requirement is to provide patients with an opportunity to make an informed choice between using an obstetrician who participates in the NICA Plan and using one who does not, thereby preserving civil remedies against the…”

O'Leary v. Fla. Birth-Related Neurological Injury Comp. Ass'n, 757 So. 2d 624 (Fla. 5th DCA 2000). · cites it 8× “The issue presented by this appeal is whether an administrative law judge has jurisdiction to determine that notice to a patient of a physician's participation in Florida's Birth-Related Injury Compensation Plan (the Plan), pursuant to section 766.316, Florida Statutes (1998…”

Bayfront v. Birth-Related Neurological, 982 So. 2d 704 (Fla. 2d DCA 2008). · cites it 10× “See § 766.316, Fla. Stat. (1997). Accordingly, we review the ALJ's decision de novo.”

Schur v. Florida Birth-Related Neurological, 832 So. 2d 188 (Fla. 1st DCA 2002). · cites it 6× “Marijane Boyd's failure to provide the required notice under section 766.316, Florida Statutes (Supp.1998), was harmless.”

Dianderas v. Fl. Birth Related Neurological, 973 So. 2d 523 (Fla. 5th DCA 2007). · cites it 6× “Dianderas does not contain a "clear and concise explanation of the rights and limitations under NICA" as required by section 766.316, Florida Statutes (2002).”

Univeristy of Miami, Sch. of Med. v. Ruiz, 164 So. 3d 758 (Fla. 3d DCA 2015). · cites it 7× “§ 766.316. Although NICA’s Notice Provision makes no reference to NICA’s Immunity Provision or discusses waiver of immunity in the statute itself, it is now well-established Florida law that a party who is required to give notice under NICA’s Notice Provision and fails to do so…”

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