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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLV. TORTS |
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CHAPTER 766. MEDICAL MALPRACTICE AND RELATED MATTERS |
Latest version.
- 1(1) 2All claims filed for compensation under the plan shall commence by the claimant filing with the division a petition seeking compensation. Such petition shall include the following information:30(a) 31The name and address of the legal representative and the basis for her or his representation of the injured infant.51(b) 52The name and address of the injured infant.60(c) 61The name and address of any physician providing obstetrical services who was present at the birth and the name and address of the hospital at which the birth occurred.90(d) 91A description of the disability for which the claim is made.102(e) 103The time and place the injury occurred.110(f) 111A brief statement of the facts and circumstances surrounding the injury and giving rise to the claim.128(2) 129The claimant shall furnish the division with as many copies of the petition as required for service upon the association, any physician and hospital named in the petition, and the Division of Medical Quality Assurance, along with a $15 filing fee payable to the Division of Administrative Hearings. Upon receipt of the petition, the division shall immediately serve the association, by service upon the agent designated to accept service on behalf of the association, by registered or certified mail, and shall mail copies of the petition, by registered or certified mail, to any physician, health care provider, and hospital named in the petition, and shall furnish a copy by regular mail to the Division of Medical Quality Assurance and the Agency for Health Care Administration.254(3) 255The claimant shall furnish to the Florida Birth-Related Neurological Injury Compensation Association the following information, which must be filed with the association within 10 days after the filing of the petition as set forth in subsection (1):292(a) 293All available relevant medical records relating to the birth-related neurological injury and a list identifying any unavailable records known to the claimant and the reasons for the records’ unavailability.322(b) 323Appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the injured infant on account of the birth-related neurological injury.364(c) 365Documentation of expenses and services incurred to date which identifies any payment made for such expenses and services and the payor.386(d) 387Documentation of any applicable private or governmental source of services or reimbursement relative to the impairments.
403The information required by paragraphs (a)-(d) shall remain confidential and exempt under the provisions of s. 419766.315(5)(b)420.
421(4) 422The association shall have 45 days from the date of service of a complete claim, filed pursuant to subsections (1) and (2), in which to file a response to the petition and to submit relevant written information relating to the issue of whether the injury alleged is a birth-related neurological injury.473(5) 474Upon receipt of such petition, the Division of Medical Quality Assurance shall review the information therein and determine whether it involved conduct by a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459 that is subject to disciplinary action, in which case the provisions of s. 524456.073 525shall apply.527(6) 528Upon receipt of such petition, the Agency for Health Care Administration shall investigate the claim, and if it determines that the injury resulted from, or was aggravated by, a breach of duty on the part of a hospital in violation of chapter 395, it shall take any such action consistent with its disciplinary authority as may be appropriate.586(7) 587Any claim which the association determines to be compensable may be accepted for compensation, provided that the acceptance is approved by the administrative law judge to whom the claim for compensation is assigned.
History.-s. 64, ch. 88-1; s. 2, ch. 89-186; s. 18, ch. 91-46; s. 4, ch. 93-251; s. 1, ch. 94-106; s. 309, ch. 96-410; s. 1804, ch. 97-102; s. 165, ch. 98-166; s. 287, ch. 99-8; s. 226, ch. 2000-160; s. 115, ch. 2002-1; s. 76, ch. 2003-416.
