CENTRAL FLORIDA REGIONAL HOSPITAL, INC., PETITIONER,
v.
PAUL WAGER, ET AL., RESPONDENTS; DAVID C. MOWERE, ETC., ET AL., PETITIONERS, V. PAUL WAGER, ET AL., RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court held that an administrative hearing officer does not have exclusive jurisdiction to determine whether an injury constitutes a birth-related neurological injury under the Florida Birth-Related Neurological Injury Compensation Plan, and therefore a circuit court need not automatically abate a medical malpractice action when the plan's immunity is raised as an affirmative defense.
An administrative hearing officer does not have exclusive jurisdiction to determine whether an injury is a birth-related neurological injury under the Plan, and a circuit court need not automatically abate a medical malpractice action when the Plan's immunity is raised as an affirmative defense.
[1] An administrative hearing officer does not possess exclusive jurisdiction to determine whether an injury qualifies as a birth-related neurological injury under the Florid…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA newborn infant suffered an injury, and a medical malpractice action was filed alleging an injury outside the coverage of the Florida Birth-Related N…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Medical Malpractice Action cases and more on FLexlaw
PER CURIAM.
We have for review a decision of the Fifth District passing upon the following question certified to be of great public importance:
DOES AN ADMINISTRATIVE HEARING OFFICER HAVE EXCLUSIVE JURISDICTION TO DETERMINE WHETHER AN INJURY SUFFERED BY A NEWBORN INFANT DOES OR DOES NOT CONSTITUTE A “BIRTH-RELATED NEUROLOGICAL INJURY’ WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301-.316, FLORIDA STATUTES (1993), SO THAT A CIRCUIT COURT IN A MEDICAL MALPRACTICE ACTION SPECIFICALLY ALLEGING AN INJURY OUTSIDE THE COVERAGE OF THE PLAN MUST AUTOMATICALLY ABATE THAT ACTION WHEN THE PLAN’S IMMUNITY IS RAISED AS AN AFFIRMATIVE DEFENSE PENDING A DETERMINATION BY THE HEARING OFFICER AS TO THE EXACT NATURE OF THE INFANT’S INJURY?
See Central Florida Regional Hospital, Inc. v. Wager, 656 So. 2d 491, 493-94 (Fla. 5th DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Since we have already answered the identical question in the negative in Florida Birth-Related Neurological Injury Compensation Ass’n v. McKaughan, 668 So. 2d 974 (Fla.1996), the district court decision is approved.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Galen OF Fla., Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997)…Regional Hosp., Inc. v. Wager, 656 So. 2d 491, 492 (Fla. 5th DCA 1995) (where plaintiff requested that a jury resolve all questions of fact, issue of whether injury was covered by NICA plan was question of fact to be resolved by the jury), approved, 672 So. 2d 34 (Fla.1996). Accordingly, we answer the certified question as explained herein and approve the decision under review. It is so ordered. SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. OVERTON, J., dissents with an opinion, in which GRIMES, J., con…
-
Scales v. Swill, 715 So. 2d 1059 (Fla. 5th DCA 1998)…. See, e.g., Blagrove v. Smith, 701 So. 2d 584 (Fla. 5th DCA 1997); McKenney v. Airport Rent-A-Car, 686 So. 2d 771 (Fla. 4th DCA 1997). See also Syken v. Elkins, 644 So. 2d 539 (Fla. 3d DCA 1994), approved, 672 So. 2d 517 (Fla. 1996); Chung v. Fink, 672 So. 2d 34 (Fla. 1996); Young v. Steinberg, 673 So. 2d 197 (Fla. 4th DCA 1996); Equitable Life Assur. Soc. v. Daisy Worldwide, Inc., 702 So. 2d 263 (Fla. 3d DCA 1997). . Scales’ Interrogatory No. 15 was directed to the fifth criterion of Elkins — the expert m…
-
Robert Eliot Barden, M.D. & Robert Eliot Barden, M.D., P.A. v. Haddox, 695 So. 2d 1271 (Fla. 5th DCA 1997)…Kaughan, 652 So. 2d 852 (Fla. 2d DCA), app’d sub nom. Florida Birth-Related Neurological Injury Compensation Ass’n. v. McKaughan, 668 So. 2d 974 (Fla.1996); Central Florida Regional Hospital, Inc., v. Wager, 656 So. 2d 491 (Fla. 5th DCA 1995), app’d 672 So. 2d 34 (Fla.1996). Therefore, upon the entry of the administrative order awarding Justin compensation -under NICP, dismissal of Justin’s malpractice action was required. The trial court possessed no authority to retain jurisdiction. REVERSED. GRIFFIN and…
Authorities Cited
- Fla. Birth-Related Neurological Injury Comp. Ass'n v. Jaimes McKAUGHAN and Darlene McKaughan, 668 So. 2d 974 (Fla. 1996)
- Cent. Fla. Reg'l Hosp., Inc. v. Wager, 656 So. 2d 491 (Fla. 5th DCA 1995)