Florida Statute 766.316 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 766
MEDICAL MALPRACTICE AND RELATED MATTERS

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F.S. 766.316

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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F.S. 766.316 on Casetext

Amendments to 766.316

Arrestable Offenses / Crimes under Fla. Stat. 766.316

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 766.316.

Annotations, Discussions, Cases:

Cases Citing Statute 766.316

Total Results: 20

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

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

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: 309(1), the ALJ must determine in section 766.316 whether: Each hospital with a participating

Sylvia Siegfried, M.D. v. Yanara Avila-Cana

Court: District Court of Appeal of Florida | Date Filed: 2024-08-14

Snippet: notice to obstetrical patients required by sections 766.316 and 766.309(1)(d) of the Florida Statutes.

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

Court: District Court of Appeal of Florida | Date Filed: 2016-12-30

Citation: 206 So. 3d 845, 2016 Fla. App. LEXIS 19341

Snippet: Administrative Hearings pursuant to § 766.301-766.316, Elori-da Statutes. Pending the completion of DOAH

Eileen Hernandez, M.D. v. Lualhati Crespo

Court: Supreme Court of Florida | Date Filed: 2016-12-22

Citation: 211 So. 3d 19, 41 Fla. L. Weekly Supp. 625, 2016 WL 7406537, 2016 Fla. LEXIS 2718

Snippet: Injury Compensation Plan (Florida Statutes 766.301-766.316, hereinafter the “Plan”). If a request to submit

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

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

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

Snippet: Injury Compensation Plan (NICA). See §§ 766.301-766.316, Fla. Stat. (2007). *115Although there is no pending

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.

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Snippet: Injury Compensation Plan (NICA). See §§ 766.301-766.316, Fla. Stat. (2007). Although there is no pending

Univeristy of Miami, School of Medicine v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2015-05-27

Citation: 164 So. 3d 758, 2015 Fla. App. LEXIS 7980

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

University of Miami, School of Medicine v. Ruiz

Court: District Court of Appeal of Florida | Date Filed: 2015-02-11

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

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

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

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

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

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.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-15

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2014-07-25

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

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

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: determine all claims filed pursuant to ss. 766.301-766.316 and shall exercise the full power and authority

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

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2011-02-18

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

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

Orlando Regional Healthcare System, Inc. v. Gwyn

Court: District Court of Appeal of Florida | Date Filed: 2011-02-04

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

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

Tarpon Springs Hospital Foundation, Inc. v. Anderson

Court: District Court of Appeal of Florida | Date Filed: 2010-04-21

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

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

Pediatrix Medical Group of Florida, Inc. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

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

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

PEDIATRIX MEDICAL GROUP OF FLA. v. Falconer

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 31 So. 3d 310

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