UNIVERSITY MEDICAL CENTER, INC., PETITIONER,
v.
DEVIN ATHEY, ETC., ET AL., RESPONDENTS; THE BOARD OF REGENTS OF THE STATE OF FLORIDA, ET AL., PETITIONERS, V. DEVIN ATHEY, ETC., ET AL., RESPONDENTS
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Health care providers must give obstetrical patients notice of participation in the Florida Birth-Related Neurological Injury Compensation Plan prior to delivery, when practicable, as a condition precedent to invoking it as the exclusive remedy.
The First District Court of Appeal certified a question regarding whether Section 766.316, Florida Statutes (1993), requires pre-delivery notice of pa…
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PER CURIAM.
We have for review Board of Regents v. Athey, 694 So. 2d 46 (Fla. 1st DCA 1997), wherein the First District Court of Appeal certified the same question of great public importance it certified in Braniff v. Galen of Florida, Inc., 669 So. 2d 1051 (Fla. 1st DCA 1995):
WHETHER SECTION 766.316, FLORIDA STATUTES (1993), REQUIRES THAT HEALTH CARE PROVIDERS GIVE THEIR OBSTETRICAL PATIENTS PRE-DELIVERY NOTICE OF THEIR PARTICIPATION IN THE FLORIDA BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION PLAN AS A CONDITION PRECEDENT TO THE PROVIDERS’ INVOKING NICA AS THE PATIENTS’ EXCLUSIVE REMEDY?
694 So. 2d at 50. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla.1997), we answered the certified question by holding “that as a condition precedent to invoking the Florida Birth-Related Neurological Injury Compensation Plan as a patient’s exclusive remedy, health care providers must, when practicable, give their obstetrical patients notice of their participation in the plan a reasonable time prior to delivery.” 696 So. 2d at 309. Accordingly, we answer the question certified here as we did in Galen and approve the decision under review to the extent it is consistent with that opinion.1
It is so ordered.
KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ„ concur. OVERTON, Judge, dissents.
. Wc decline to reach the other issues raised by the petitioners.
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Schur v. Florida Birth-Related Neurological, 832 So. 2d 188 (Fla. 1st DCA 2002)…ve remedy, Dr. Boyd must show that proper pre-delivery notice of her participation in the NICA plan was given. See Galen of Fla., Inc. v. Braniff, 696 So. 2d 308, 309 (Fla.1997); Bd. of Regents v. Athey, 694 So. 2d 46, 49 (Fla. 1st DCA 1997), aff'd, 699 So. 2d 1350 (Fla.1997). The purpose of the notice is to give an obstetrical patient an opportunity to make an informed choice between using a participating obstetrician or using one who is not a participant in the NICA plan, thereby reserving her civil remedies…
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Weeks v. Florida Birth-Related Neurological, 977 So. 2d 616 (Fla. 5th DCA 2008)…pose a NICA participant must give a patient notice of the “no-fault alternative for birth-related neurological injuries” a reasonable time prior to delivery, when practicable. Id. at 309-10 (emphasis added); see also Univ. Med. Ctr., Inc. v. Athey, 699 So. 2d 1350, 1350 (Fla.1997) (holding that the notice must be given a “ ‘reasonable time prior to delivery.’ ” (quoting Galen, 696 So. 2d at 309)); Domond v. Mills, 696 So. 2d 314, 315 (Fla.1997) (same); Ortiz, 920 So. 2d at 785 (following a quotation from Gale…1 / 2
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Joni MacRi v. Clements & Ashmore, P.A., 15 So. 3d 762 (Fla. 1st DCA 2009)…ch notice to the obstetrical patient. In Galen of Florida, Inc. v. Braniff, 696 So. 2d 308 (Fla.1997), it was established that such notice is a condition precedent for invocation of section 766.303(2) exclusivity. See also Univ. Med. Cntr. v. Athey, 699 So. 2d 1350 (Fla.1997). But unlike Galen and Athey, where there was no notice given by any medical provider, in the present case the delivering obstetrician satisfied the statutory requirement by furnishing the patient with the necessary notice. Although the ho…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Galen OF Fla., Inc. v. Braniff, 696 So. 2d 308 (Fla. 1997)
- Ivory Lee Robinson v. State, 694 So. 2d 46 (Fla. 1st DCA 1997)
- Braniff v. Galen OF Fla., Inc., 669 So. 2d 1051 (Fla. 1st DCA 1995)