The 2023 Florida Statutes (including Special Session C)
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. . . were arguably compensable under NICA in this .case, the exclusiveness of remedy provision of section 766.303 . . .
. . . See § 766.303, Fla. Stat. (1998). . . . April 2011, UM filed a motion for summary final judgment claiming immunity from suit under section 766.303 . . . s Immunity Provision applies to any person or entity directly involved in the labor and delivery. § 766.303 . . . See § 766.303. . . . Section 766.303(2) provides an exception from this immunity "where there is clear and convincing evidence . . .
. . . without regard to fault for birth-related neurological injury claims. 114 So.3d at 914-15; see also § 766.303 . . . of “providing compensation, irrespective of fault, for birth-related neurological injury claims.” § 766.303 . . .
. . . .” § 766.303(2), Fla. Stat. (2010). . . .
. . . Neurological Injury Compensation Plan (NICA) provided the exclusive remedy for the claims under section 766.303 . . .
. . . . § 766.303(1). . . . Id. § 766.303(2). . . . Id. §§ 766.303, 766.305, 766.315. . . . Stat. § 766.303(2), the United States is entitled to immunity from tort liability for birth-related neurological . . . Stat. § 766.303(2). . . .
. . . or continue a civil action, as such would violate the exclusiveness of remedy provisions of Section 766.303 . . . labor, delivery, or immediate postdelivery resuscitation during which such injury occurs.... ” Section 766.303 . . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . . compensability (or non-compensability) before a cause of action may be maintained in circuit court. §§ 766.303 . . . filed before the award of the division becomes conclusive and binding as provided for in s. 766.311. § 766.303 . . .
. . . the Hospital is not entitled to assert the exclusivity of remedy provision of the Plan under section 766.303 . . .
. . . See §§ 766.301, 766.303, Fla. Stat. . . . See § 766.303(2), Fla. . . .
. . . All Children’s asserted that it was immune from tort liability under NICA, section 766.303(2), Florida . . .
. . . Section 766.303(2), Florida Statutes, expressly excludes filial consortium claims, stating that the rights . . . claims that the Samples’ right of access to courts is not denied at all by the Plan because section 766.303 . . .
. . . he did not have jurisdiction to resolve the issue of immunity from tort liability under subsection 766.303 . . .
. . . . § 766.303(2), Fla. . . . or entities] directly involved with the labor, delivery, or immediate postdelivery resuscitation.” § 766.303 . . . The plain language of section 766.303(2) bars double recovery for a com-pensable injury under NICA. . . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of § 766.303 . . . requirements of law in failing to properly implement the exclusiveness of remedy provision of section 766.303 . . .
. . . See § 766.303(2), Fla. Stat. (1997). . . . plan" means the Florida Birth-Related Neurological Injury Compensation Plan established under section 766.303 . . . provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. § 766.303 . . . injury occurs, arising out of or related to a medical malpractice claim with respect to such injury.” § 766.303 . . .
. . . . § 766.303(2), Fla. Stat. . . . See §§ 766.303, 766.309, and 766.31, Fla. Stat. . . . See §§ 766.301, 766.303, Fla. Stat. . . .
. . . of remedy provision in the Florida Birth-Related Neurological Injury Compensation Plan, at section 766.303 . . . appellants maintained that the claims are allowed under the “willful and wanton” exception in section 766.303 . . . But section 766.303(2) exclusivity is an affirmative defense, which the appellants did not have to negate . . . See § 766.303(2), Fla. Stat. . . . The court concluded that, in light of the statutory proscriptions in sections 766.303(2) and 766.304, . . .
. . . Children’s Hospital to obtain the benefit of the exclusivity of remedy provision set forth in section 766.303 . . .
. . . . § 766.303(1). . . . faith or malicious purpose or willful and wanton disregard of human rights, safety, or property.” § 766.303 . . . See § 766.303(2) ("The rights and remedies granted by this [P]lan on account of a birth-related neurological . . .
. . . See § 766.303(2) ("The rights and remedies granted by this [P]lan on account of a birth-related neurological . . .
. . . is no basis in NICA for the ALJ’s foray into the issue of immunity from tort liability under section 766.303 . . . a provider is or is not entitled to invoke the immunity from tort liability provided for in section 766.303 . . . The issue of notice is only relevant to the issue of whether a provider is eligible under section 766.303 . . . claim is not compensable under NICA, there can, of course, be no immunity from liability under section 766.303 . . . concerning whether that civil action is “in violation of the exclusiveness of remedy provisions of s. 766.303 . . . defense that the civil suit was brought in violation of NICA’s exclusive remedy provision, section 766.303 . . . parents to file a claim for compensation under the injury compensation plan established by section 766.303 . . . If a health care provider complies with this notice provision, according to section 766.303, compensation . . . of providing compensation, irrespective of fault, for birth-related neurological injury claims.” § 766.303 . . . See § 766.303(2), Fla. . . . See id. at 979 n. 3; see also § 766.303, Fla. Stat. . . .
. . . See generally § 766.303, Fla. Stat. (2005). . . .
. . . .” § 766.303(1), Fla. Stat. (2000). . . . .” § 766.303(2), Fla. Stat. (2000). . . .
. . . See § 766.303(2), Fla. Stat. (2004). . . .
. . . allows a form of immunity from suit for participating providers in some circumstances under section 766.303 . . .
. . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . .
. . . plan was not their exclusive remedy because of the willful and wanton exception enumerated in section 766.303 . . . Section 766.303(2), Florida Statutes (1997), provides: The rights and remedies granted by this plan on . . . Nothing in the plain language of section 766.303(2), Florida Statutes (1997), can be read as granting . . . ALJ to rule on claims that a healthcare provider is immune from a civil action pursuant to section 766.303 . . .
. . . her claim that she is immune from a civil action for damages by virtue of the provisions of section 766.303 . . . appellant’s claim that she is immune from a civil action for damages by virtue of the provisions of section 766.303 . . . the act giving the administrative law judge jurisdiction to rule on claims that, because of section 766.303 . . . conferring on administrative law judges jurisdiction to rule upon , claims that, because of section 766.303 . . . a provider is or is not entitled to invoke the immunity from tort liability provided for in section 766.303 . . .
. . . See § 766.303(2), Fla. Stat. . . .
. . . that a provider is or is not entitled to invoke immunity from tort liability provided for in section 766.303 . . .
. . . .” § 766.303(2), Fla. Stat. (Supp. 1988). . . . . § 766.303(2), Fla. Stat. (1993). . . . While the above-cited language of section 766.303(2) remained the same, the legislature amended section . . . See §§ 766.302(2), 766.303(2), 766.316, Fla. Stat. (1988); §§ 766.302(2), 766.303(2), 766.316, Fla. . . .
. . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions ofs. 766.303 . . . a provider is or is not entitled to invoke the immunity from tort liability provided for in section 766.303 . . .
. . . See § 766.303, Fla. Stat. (2003); § 766.3l(1)(b)1., Fla. Stat. (2003). . . .
. . . . §§ 766.303, 766.309, Fla. Stat. (1997). . . . action the parents might file against any health care provider related to the delivery of the child. § 766.303 . . .
. . . Section 766.303(2), Florida Statutes (1997), provides: The rights and remedies granted by this plan on . . . the statutory scheme as it has been implemented is that the availability of immunity under section 766.303 . . . is no basis in NICA for the ALJ’s foray into the issue of immunity from tort liability under section 766.303 . . . a provider is or is not entitled to invoke the immunity from tort liability provided for in section 766.303 . . . The issue of notice is only relevant to the issue of whether a provider is eligible under section 766.303 . . .
. . . Section 766.302, Florida Statutes, refers to the Plan as established under section 766.303. . . .
. . . under the Florida Birth-Related Neurological Injury Compensation Plan (“Plan”), created by section 766.303 . . .
. . . statutorily required notice, Bayfront was not entitled to the exclusiveness of remedy provision of section 766.303 . . .
. . . See § 766.303(1), (2), Fla. Stat. (1998). See Gilbert v. Fla. . . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . .
. . . Stat. (1997); § 766.303(1), Fla. Stat. (1997). . . .
. . . civil action may be brought or continued in violation of the exclusiveness of remedy provision of s. 766.303 . . . Section 766.303(2), Florida Statutes (1999), provides: The rights and remedies granted by this plan shall . . .
. . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . .
. . . . §§ 766.303(1), .305, Fla. Stat. (1999). . . . See § 766.303(1), (2); Florida Birth-Related Neurological Injury Compensation Ass’n v. . . .
. . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . .
. . . To maintain the civil action and avoid the exclusive remedy provisions of section 766.303(2), Florida . . . civil action may be brought or continued in violation of the exclusiveness of remedy provisions of s. 766.303 . . .
. . . action under the Florida Birth-Related Neurological Injury Compensation Plan established by section 766.303 . . .
. . . . § 766.303, Fla. Stat. (1995). See also White v. . . .
. . . appellants argue that, if appellees are limited to pursuing NICA remedies as to any appellant, section 766.303 . . .
. . . See §§ 766.302(3), 766.303(2), 766.305(1), and 766.313. . . .
. . . Section 766.303(2), Florida Statutes (1993), provides that the administrative remedy established in NICA . . .
. . . Sections 766.301(2) and 766.303(1), Florida Statutes. “11. . . . In this regard, Section 766.303, Florida Statutes, provides: “(2) The rights and remedies granted by . . . See, Section 766.303(2), Florida Statutes, and Hill Top Developers v. . . .
. . . .” § 766.303(2). . . . Section 766.303(2) provides in' pertinent part that “[t]he rights and remedies granted by this plan . . . . election of the legal representative, and presumably, as a consequence of the provisions of [section] 766.303 . . .
. . . . § 766.303(2). Counsel conceded that they investigated that alternative. . . .
. . . sought a declaration that the statute on which the defendants’ jurisdictional argument is based, section 766.303 . . . is clear and convincing evidence of bad faith, malicious purpose, or willful and wanton conduct. § 766.303 . . .