KELLY A. MILLS, INDIVIDUALLY, AS A PARENT, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXIS ROSENTHAL; AND JACK ROSENTHAL, INDIVIDUALLY AND AS A PARENT OF ALEXIS ROSENTHAL, APPELLANTS,
v.
NORTH BROWARD HOSPITAL DISTRICT, D/B/A BROWARD GENERAL MEDICAL CENTER; SUNLIFE OB/GYN SERVICES OF BROWARD COUNTY, INC.; LHERISSON DOMOND, M.D.; AND LHERISSON DOMOND, M.D., P.A., APPELLEES
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The failure to provide patients with notice of participation in the Neurological Injury Compensation Act before providing medical services deprives the agency of exclusive jurisdiction.
Plaintiffs' child suffered birth-related neurological injuries. The obstetrician and hospital allegedly failed to provide notice of their participatio…
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FARMER, Judge.1
We reverse a final order of dismissal of plaintiffs’ medical malpractice complaint against an obstetrician and hospital for birth related neurological injuries to their child. We conclude that the failure to give notice to plaintiffs before the provision of medical services that the doctors had elected participation in the Neurological Injury Compensation Act deprives the agency of its exclusive jurisdiction and authorizes the circuit court to hear and adjudicate their claim.
As regards defendants’ contention that the agency has exclusive jurisdiction under circumstances where no notice was given before the provision of the services giving rise to the suit, we agree with and follow the decisions in Turner v. Hubrich, 656 So. 2d 970 (Fla. 5th DCA 1995), and Braniff v. Galen of Florida Inc., 20 Fla.L.Weekly D2140, — So. 2d— [1995 WL 529194] (Fla. 1st DCA Sept. 11, 1995). We join the first district in certifying the following question to the supreme court:
“Does § 766.316, Fla.Stat. (1993), require that health care providers give pre-delivery notice to their obstetrical patients of their participation in the Florida Birth Related Neurological Injury Compensation Plan as a condition precedent to the providers invoking NICA as the patient’s exclusive remedy?”
REVERSED.
GUNTHER, C.J., and WARNER, J., concur. . Judge Farmer has been substituted for the late Judge Hersey and has had the opportunity to listen to the recording of oral argument.
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Galen OF Fla., Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997)…ford v. Florida Birth-Related Neurological Injury Compensation Ass’n, 667 So. 2d 401 (Fla. 4th DCA 1995); Behan v. Florida Birth-Related Neurological Injury Compensation Ass’n, 664 So. 2d 1173 (Fla. 4th DCA 1995); Mills v. North Broward Hosp. Dist., 664 So. 2d 65 (Fla. 4th DCA 1995); Turner v. Hubrich, 656 So. 2d 970 (Fla. 5th DCA 1995). We agree with the district courts that the only logical reading of the statute is that before an obstetrical patient’s remedy is limited by the NICA plan, the patient must…
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Bradford v. Fla. Birth-Related Neurological Injury Comp. Ass'n, 667 So. 2d 401 (Fla. 4th DCA 1995)…very under NICA. Plaintiffs seek direct review of that order pursuant to section 766.311(1), raising only [*402] the issue of whether the notice requirement is a condition precedent to the applicability of NICA. In Mills v. North Broward Hospital, 664 So. 2d 65 (Fla. 4th DCA 1995), we concluded that the notice required by section 766.316 is a condition precedent. Accordingly, we reverse, and as we did in Mills, certify the following question as one of great public importance: DOES SECTION 766.316, FLORID…
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Lherisson Domond, M.D. v. Mills, 696 So. 2d 314 (Fla. 1997)…PER CURIAM. We have for review Mills v. North Broward Hospital Dist., 664 So. 2d 65 (Fla. 4th DCA 1995), wherein the Fourth District Court of Appeal certified the following question to be of great public importance: Does § 766.316, Fla. Stat. (1993), require that health care providers give pre-deliv-ery notice to their obstetrical…
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- Turner v. Hubrich, 656 So. 2d 970 (Fla. 5th DCA 1995)