(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.
(4) The association shall administer the plan in a manner that promotes and protects the health and best interests of children with birth-related neurological injuries.
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; s. 2, ch. 2021-134.
Structure Florida Statutes
Chapter 766 - Medical Malpractice and Related Matters
766.101 - Medical Review Committee, Immunity From Liability.
766.1016 - Patient Safety Data Privilege.
766.102 - Medical Negligence; Standards of Recovery; Expert Witness.
766.103 - Florida Medical Consent Law.
766.104 - Medical Negligence Cases; Reasonable Investigation Required Before Filing.
766.105 - Florida Patient’s Compensation Fund.
766.1065 - Authorization for Release of Protected Health Information.
766.108 - Mandatory Mediation and Mandatory Settlement Conference in Medical Negligence Actions.
766.110 - Liability of Health Care Facilities.
766.111 - Engaging in Unnecessary Diagnostic Testing; Penalties.
766.1115 - Health Care Providers; Creation of Agency Relationship With Governmental Contractors.
766.118 - Determination of Noneconomic Damages.
766.201 - Legislative Findings and Intent.
766.202 - Definitions; Ss. 766.201-766.212.
766.203 - Presuit Investigation of Medical Negligence Claims and Defenses by Prospective Parties.
766.205 - Presuit Discovery of Medical Negligence Claims and Defenses.
766.206 - Presuit Investigation of Medical Negligence Claims and Defenses by Court.
766.207 - Voluntary Binding Arbitration of Medical Negligence Claims.
766.208 - Arbitration to Allocate Responsibility Among Multiple Defendants.
766.209 - Effects of Failure to Offer or Accept Voluntary Binding Arbitration.
766.211 - Payment of Arbitration Award; Interest.
766.212 - Appeal of Arbitration Awards and Allocations of Financial Responsibility.
766.301 - Legislative Findings and Intent.
766.302 - Definitions; Ss. 766.301-766.316.
766.303 - Florida Birth-Related Neurological Injury Compensation Plan; Exclusiveness of Remedy.
766.304 - Administrative Law Judge to Determine Claims.
766.305 - Filing of Claims and Responses; Medical Disciplinary Review.
766.306 - Tolling of Statute of Limitations.
766.307 - Hearing; Parties; Discovery.
766.31 - Administrative Law Judge Awards for Birth-Related Neurological Injuries; Notice of Award.
766.311 - Conclusiveness of Determination or Award; Appeal.
766.312 - Enforcement of Awards.
766.313 - Limitation on Claim.
766.314 - Assessments; Plan of Operation.
766.316 - Notice to Obstetrical Patients of Participation in the Plan.