766.303 Florida Stautes - NICA Program - Establishment

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NICA EXCLUSIVE REMEDY

Disclaimer: This is part of the 2011 version of Florida Statutes and it is offered for general information purposes. The statutes on this site should not be relied on without reviewing your legal situation with an experienced medical malpractice lawyer and making sure you are using the appropriate version of the statute for your case. The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not. Other statutes and other case law interpreting or applying these statutes may also apply to your case.

766.303 Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.--

(1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injury claims. Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Compensation Association.

(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, parents, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury; except that a civil action shall not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311.

(3) Sovereign immunity is hereby waived on behalf of the Florida Birth-Related Neurological Injury Compensation Association solely to the extent necessary to assure payment of compensation as provided in s. 766.31.

History.--s. 62, ch. 88-1; s. 37, ch. 88-277; s. 1, ch. 89-186; s. 1154, ch. 97-102; s. 74, ch. 2003-416.

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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