Florida Birth-Related Neurological Injury Compensation Association v. Department of Administrative Hearings, 35 Fla. L. Weekly S40, decided January 14, 2010

In order to satisfy the notice requirements of NICA, both participating physicians and hospitals with participating physicians on staff must provide patients with notice of participation in plan.

The Florida Supreme Court was called upon to decide whether a physician's pre-delivery notice to his or her patient of the plan and his or her participation in the plan satisfy the notice requirements if the hospital where the delivery takes place fails to provide any kind of notice. The Florida Supreme Court answered the question in the negative and held that both the participating physicians and hospitals with a participating physician on staff are required to provide notice to obstetrical patients of their rights and limitations under the plan. The plain language of section 766.316, Florida statutes, does not in any way suggest that when a participating physician provides notice of his participation in the plan, the notice requirement has been satisfied.

Case Law Alert - 2nd Qtr 2010