Florida Statute 766.316 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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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.

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Amendments to 766.316

Annotations, Discussions, Cases:

Cases Citing Statute 766.316

Total Results: 64

Galen of Florida, Inc. v. Braniff

696 So. 2d 308, 1997 WL 213718

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1696195

Cited 25 times | Published

to be of great public importance: WHETHER SECTION 766.316, FLORIDA STATUTES (1993), REQUIRES THAT HEALTH

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

29 So. 3d 992, 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510

Supreme Court of Florida | Filed: Jan 14, 2010 | Docket: 1642779

Cited 19 times | Published

THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316, FLORIDA STATUTES (1997), IF THE HOSPITAL WHERE

O'Leary v. Fla. Birth-Related Neurological Injury Compensation Association

757 So. 2d 624, 2000 Fla. App. LEXIS 6077, 2000 WL 638929

District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1331221

Cited 19 times | Published

Compensation Plan (the Plan), pursuant to section 766.316, Florida Statutes (1998 Supp.), was either

SIERRA BY SIERRA v. Public Health Trust

661 So. 2d 1296, 1995 WL 638270

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 1526441

Cited 16 times | Published

failure to comply with the notice provisions of section 766.316 constituted a waiver of any benefits that participation

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

participation in the plan" as required by section 766.316? In the two cases before us, the Second District

All Children's Hosp., Inc. v. Dept. of Admin. Hearings

863 So. 2d 450, 2004 WL 57230

District Court of Appeal of Florida | Filed: Jan 14, 2004 | Docket: 2545452

Cited 12 times | Published

the plan is set forth in section 766.314. Section 766.316[2] requires that "[e]ach hospital with a participating

Turner v. Hubrich

656 So. 2d 970, 1995 WL 385591

District Court of Appeal of Florida | Filed: Jun 30, 1995 | Docket: 1683827

Cited 11 times | Published

1991), approved, 611 So.2d 1235 (Fla. 1993). Section 766.316, Florida Statutes (1993) provides: Each hospital

Tabb Ex Rel. Tabb v. FLORIDA NICA

880 So. 2d 1253, 2004 WL 1920005

District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1294959

Cited 10 times | Published

received the required notice, pursuant to section 766.316, that appellee Memorial Healthcare Group (Memorial)

Behan v. FLA. BIRTH-RELATED NICA

664 So. 2d 1173, 1995 WL 757909

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 1230203

Cited 10 times | Published

they were not given notice as required by section 766.316, Florida Statutes (1993), and that NICA was

BD. OF REGENTS OF STATE OF FLA. v. Athey

694 So. 2d 46

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 1450269

Cited 8 times | Published

whether the notice required to be given under section 766.316, Florida Statutes (1989), is a condition precedent

BAYFRONT MED. CENTER, INC. v. Div. of Admin. Hearings

841 So. 2d 626, 2003 WL 1785928

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1656677

Cited 7 times | Published

provide Kocher with the notice required by section 766.316. The delivery of the second of Kocher's twins

Schur v. Florida Birth-Related Neurological

832 So. 2d 188, 2002 WL 31641524

District Court of Appeal of Florida | Filed: Nov 25, 2002 | Docket: 1700073

Cited 7 times | Published

notice under section 766.316, Florida Statutes (Supp.1998), was harmless. Section 766.316 requires participating

Dianderas v. FL. BIRTH RELATED NEUROLOGICAL

973 So. 2d 523, 2007 WL 4458151

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1292811

Cited 6 times | Published

NICA's brochure satisfied the requirements of section 766.316; and that Mrs. Dianderas's physician, Dr. Natasha

University of Miami v. Ruiz

916 So. 2d 865, 2005 WL 2862055

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1659599

Cited 6 times | Published

physicians or the hospital as required by section 766.316, Florida Statutes (1998). In response, the

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

31 So. 3d 310

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1150723

Cited 5 times | Published

staff, were required to provide notice under section 766.316, Florida Statutes (2009). Id. at 998. The court

Bayfront v. Birth-Related Neurological

982 So. 2d 704, 2008 WL 140806

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1664792

Cited 5 times | Published

application of the immunity provision of the Plan. See § 766.316, Fla. Stat. (1997). Accordingly, we review the

FLA. HEALTH SCIENCES CENTER, INC. v. Div. of Admin. Hearings

871 So. 2d 1062

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1300427

Cited 5 times | Published

Braniff, 696 So.2d 308, 309 (Fla.1997); see also § 766.316 ("Each hospital with a participating physician

University Medical Center, Inc. v. Athey

699 So. 2d 1350, 1997 WL 590076

Supreme Court of Florida | Filed: Sep 25, 1997 | Docket: 1694166

Cited 5 times | Published

669 So.2d 1051 (Fla. 1st DCA 1995): WHETHER SECTION 766.316, FLORIDA STATUTES (1993), REQUIRES THAT HEALTH

Mills v. North Broward Hosp. Dist.

664 So. 2d 65, 1995 WL 733082

District Court of Appeal of Florida | Filed: Dec 13, 1995 | Docket: 1655989

Cited 5 times | Published

following question to the supreme court: "Does § 766.316, Fla. Stat. (1993), require that health care providers

Jackson v. FLORIDA BIRTH-RELATED NEURO.

932 So. 2d 1125, 2006 WL 1649027

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1684679

Cited 4 times | Published

with birth-related neurological injuries. Section 766.316 of the Florida Statutes outlines the notice

ORLANDO REGIONAL HEALTHCARE v. Alexander

909 So. 2d 582, 2005 WL 2104317

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 1663217

Cited 4 times | Published

condition or when notice is not practicable. Section 766.316 of the Florida Statutes outlines the notice

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

NICA's notification provision. Specifically, section 766.316, Florida Statutes (1993), requires that participating

Univeristy of Miami, School of Medicine v. Ruiz

164 So. 3d 758, 2015 Fla. App. LEXIS 7980, 2015 WL 3390092

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2659833

Cited 3 times | Published

participated in the NICA plan, as required by section 766.316 of the Florida Statutes (1998) (“NICA’s Notice

Tarpon Springs Hospital Foundation, Inc. v. Anderson

34 So. 3d 742, 2010 Fla. App. LEXIS 5257, 2010 WL 1563544

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1641416

Cited 3 times | Published

condition ... or when notice is not practicable. § 766.316. The supreme court has explained that "health

Pediatrix Medical Group of Florida, Inc. v. Falconer

31 So. 3d 310, 2010 Fla. App. LEXIS 4502, 2010 WL 1329656

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289574

Cited 3 times | Published

staff, were required to provide notice under section 766.316, Florida Statutes (2009). Id. at 998. The court

Weeks v. BIRTH-RELATED NEUROLOGICAL

977 So. 2d 616, 2008 WL 268704

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 1529941

Cited 3 times | Published

issue is based on the language of the statute. Section 766.316, Florida Statutes (2002), provides in pertinent

All Children's Hosp. v. Dept. of Admin. Hearings

989 So. 2d 2, 2008 WL 142308

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1665407

Cited 3 times | Published

THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316, FLORIDA STATUTES (1997), IF THE HOSPITAL WHERE

Weinstock v. Houvardas

924 So. 2d 982, 2006 WL 931588

District Court of Appeal of Florida | Filed: Apr 12, 2006 | Docket: 1735948

Cited 3 times | Published

with the notice requirements set forth in section 766.316, Florida Statutes (2003), of the Birth-Related

Northwest Medical Center, Inc. v. Ortiz

920 So. 2d 781, 2006 WL 348718

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1441342

Cited 3 times | Published

Neurological Injury Compensation Plan, as required by section 766.316, Florida Statutes (2000). They contend that

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

not given Petersen the notice required by section 766.316, nor was it excused from doing so. The ALJ

Anderson Ex Rel. Anderson v. Helen Ellis Memorial Hospital Foundation, Inc.

66 So. 3d 1095, 2011 Fla. App. LEXIS 13083, 2011 WL 3629352

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 1912956

Cited 2 times | Published

NICA was properly given in accordance with section 766.316").[2] We note that section 766.304 provides

All Children's Hospital, Inc. v. Department of Administrative Hearings

55 So. 3d 670, 2011 Fla. App. LEXIS 1987, 2011 WL 561453

District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 2407289

Cited 2 times | Published

The NICA notice requirement is set forth in section 766.316. It provides that each physician who participates

HEALTH SCIENCES v. Div. of Admin. Hearings

974 So. 2d 1096

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1717280

Cited 2 times | Published

"notice to obstetrical patients" requirement of section 766.316, Florida Statutes (Supp.1998).'" 955 So.2d

Bayfront v. Nica

893 So. 2d 636

District Court of Appeal of Florida | Filed: Feb 16, 2005 | Docket: 1720834

Cited 2 times | Published

to determine either (a) that notice under section 766.316 was or was not properly given, or (b) that

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401, 1995 WL 757878

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790

Cited 2 times | Published

they were not given notice as required by section 766.316, Florida Statutes (1993), and that NICA was

Bradford Ex Rel. Bradford v. Fla. Birth-Related Neuro.

667 So. 2d 401, 1995 WL 757878

District Court of Appeal of Florida | Filed: Dec 27, 1995 | Docket: 2560790

Cited 2 times | Published

they were not given notice as required by section 766.316, Florida Statutes (1993), and that NICA was

MacRi v. CLEMENTS AND ASHMORE, PA

15 So. 3d 762, 2009 WL 2048919

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 1660428

Cited 1 times | Published

participation in the Plan in accordance with section 766.316, Florida Statutes. That enactment indicates

Macri v. Clements & Ashmore, P.A.

15 So. 3d 762, 2009 Fla. App. LEXIS 9699

District Court of Appeal of Florida | Filed: Jul 16, 2009 | Docket: 60244143

Cited 1 times | Published

participation in the Plan in accordance with section 766.316, Florida Statutes. That enactment indicates

Florida Neurological Injury Comp. v. Doah

955 So. 2d 529, 2007 WL 1012197

Supreme Court of Florida | Filed: Apr 5, 2007 | Docket: 1496319

Cited 1 times | Published

`notice to obstetrical patients' requirement of section 766.316, Florida Statutes (Supp. 1998)." We thus directed

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

participation in the plan” as required by section 766.316? In the two cases before us, the Second District

Rinella v. Abifaraj

908 So. 2d 1126, 2005 Fla. App. LEXIS 12192, 2005 WL 1832017

District Court of Appeal of Florida | Filed: Aug 4, 2005 | Docket: 64840015

Cited 1 times | Published

98-113, § 6, at 814-15, Laws of Fla. . Section 766.316, Florida Statutes (1997), provides, that "[e]ach

SUNLIFE OB/GYN SERVICES v. Million

907 So. 2d 624, 2005 WL 1750734

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 459396

Cited 1 times | Published

otherwise, satisfy their notice obligation. Section 766.316, Florida Statutes (1999) describes the notice

Depart v. MacRi

902 So. 2d 271, 2005 WL 1199057

District Court of Appeal of Florida | Filed: May 23, 2005 | Docket: 1675079

Cited 1 times | Published

obstetrical patient was given the notice required by section 766.316 of the healthcare provider's participation

Siravo v. NICA

667 So. 2d 971

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 160703

Cited 1 times | Published

appellee/association (NICA) as required by the section 766.316, Florida Statutes. Here, the hearing officer

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

complied with the notice requirement set out in section 766.316, Florida Statutes—if the claimant contests

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

complied with the notice requirement set out in section 766.316, Florida Statutes—if the claimant contests

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

complied with the notice requirement set out in section 766.316, Florida Statutes—if the claimant contests

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

766.309(1), the ALJ must determine in section 766.316 whether: Each hospital with a participating

Children's Medical Center, P.A., Theodore Morrison, M.D., Kenneth Budowsky, M.D., Jacinta Magnus, M.D., and Nancy Chiang, M.D. v. Jakyung Kim and Woochan Kim, etc.

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679316

Published

claim immunity from civil suit under NICA. See § 766.316, Fla. Stat. (2007). In fact, these petitioners

Children's Medical Center, P.A. v. Kim ex rel. Kim

190 So. 3d 114, 2015 Fla. App. LEXIS 8026, 2015 WL 3396708

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 60254755

Published

claim immunity from civil suit under NICA. See § 766.316, Fla. Stat. (2007). In fact, these petitioners

University of Miami, School of Medicine v. Ruiz

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633385

Published

participated in the NICA plan, as required by section 766.316 of 1 As is true of many physicians working

Palms West Hospital Limited Partnership d/b/a Palms West Hospital v. D.W. and R.W., individually and as parents and next friends of L.W., a minor and Florida Birth Related Neurological Injury Compensation Association and Steven Pliskow, M.D.

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447652

Published

failed to provide sufficient notice pursuant to section 766.316, Florida Statutes (2012), governing the Birth-Related

Palms West Hospital Ltd. Partnership v. D.W.

162 So. 3d 101, 2014 Fla. App. LEXIS 16797, 2014 WL 5149122

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 60247361

Published

failed to provide sufficient notice pursuant to section 766.316, Florida Statutes (2012), governing the Birth-Related

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

143 So. 3d 463, 2014 WL 3671331, 2014 Fla. App. LEXIS 11370

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 60242326

Published

raised by Dr. Ojeda in his cross-appeal under section 766.316, Florida Statutes (2011). Dr. Ojeda bases his

Orlando Regional Healthcare System, Inc. v. Gwyn

53 So. 3d 385, 2011 Fla. App. LEXIS 1081, 2011 WL 335401

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 98828

Published

their rights and limitations under the Act. See § 766.316; see also Fla. Birth-Related Neurological Injury

Florida Birth-Related Neurological Injury Compensation Ass'n v. Bayfront Medical Center, Inc.

955 So. 2d 531, 32 Fla. L. Weekly Supp. 124, 2007 Fla. LEXIS 577, 2007 WL 1012800

Supreme Court of Florida | Filed: Apr 5, 2007 | Docket: 64850425

Published

‘notice to obstetrical patients’ requirement of section 766.316, Florida Statutes (Supp. 1998).” We thus directed

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

failed to give the proper notice required by section 766.316, Florida Statutes. The order provided that

Florida Health Sciences Center, Inc. v. Division of Administrative Hearings

871 So. 2d 1062, 2004 Fla. App. LEXIS 6620, 2004 WL 1057684

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 64830144

Published

Braniff, 696 So.2d 308, 309 (Fla.1997); see also § 766.316 (“Each hospital with a participating physician

Rayburn v. Orange Park Medical Center, Inc.

842 So. 2d 985, 2003 Fla. App. LEXIS 5239, 2003 WL 1872491

District Court of Appeal of Florida | Filed: Apr 15, 2003 | Docket: 64822190

Published

held that the specific notice requirements of section 766.316, Florida Statutes (1997), were not satisfied

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

793 So. 2d 1070, 2001 Fla. App. LEXIS 10837, 2001 WL 864282

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 64808202

Published

participation would limit the remedy for such injuries. § 766.316. Because NICA failed to provide the forms of notice

Domond v. Mills

696 So. 2d 314, 22 Fla. L. Weekly Supp. 239, 1997 Fla. LEXIS 597, 1997 WL 212583

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 64774700

Published

question to be of great public importance: Does § 766.316, Fla. Stat. (1993), require that health care providers

Board of Regents v. Athey ex rel. Athey

694 So. 2d 46

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64773852

Published

whether the notice required to be given under section 766.316, Florida Statutes (1989), is a condition precedent

Board of Regents v. Athey ex rel. Athey

694 So. 2d 46

District Court of Appeal of Florida | Filed: Jan 31, 1997 | Docket: 64773852

Published

whether the notice required to be given under section 766.316, Florida Statutes (1989), is a condition precedent

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

patient’s rights and limitations under the Plan, Section 766.316, Florida Statutes, provides: “Each hospital

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.