Florida Birth-Related Neurological Injury Compensation Ass'n v. Department of Administrative Hearings

Summary

The Supreme Court of Florida held that both participating physicians and hospitals with participating physicians on staff must provide obstetrical patients with notice of participation in the Florida Birth-Related Neurological Injury Compensation Plan under section 766.316, Florida Statutes (1997). The court further held that the notice requirement is severable as to defendant liability: a claimant may pursue civil remedies only against a person or entity required to provide notice that failed to do so, while proper notice shields the notifying party from civil liability under the plan. The court quashed the relevant Second District decisions and remanded for further proceedings concerning potential liability and immunity.

Holdings

1. No. A participating physician's predelivery notice does not satisfy the statutory notice requirement when the hospital independently required to provide notice fails to do so.
2. Yes. If either the participating physician or the hospital with participating physicians on its staff fails to provide notice, the claimant may either accept NICA remedies and forgo civil suits against persons or entities involved in the labor or delivery, or pursue a civil suit only against the person or entity that failed to provide notice and forgo NICA remedies.
3. No. A hospital is not excluded from the notice requirement merely because the participating physician is not its employee; the relevant inquiry is whether the hospital has participating physicians with staff privileges.
4. The issue was remanded to the Second District because the parties' additional arguments concerning All Children's immunity had not been addressed there.

Questions Presented

1. Whether a participating physician's predelivery notice satisfies section 766.316 when a hospital with a participating physician on its staff provides no notice.
2. Whether section 766.316 requires both participating physicians and hospitals with participating physicians on staff to provide notice.
3. Whether the notice obligation is severable as to the liability of the physician and hospital, such that a claimant may pursue civil remedies against only the person or entity that failed to provide notice.
4. Whether a hospital's staff includes participating physicians with staff privileges rather than only physician employees.
5. Whether All Children's Hospital could invoke NICA immunity based on the unresolved effect of Bayfront's failure to provide notice.

Disposition

quashed