§ 766.303, Fla. Stat. · Chapter 766. MEDICAL MALPRACTICE AND RELATED MATTERS
Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy.
Text — 2026 Florida Statutes
(1) There is established the Florida Birth-Related Neurological Injury Compensation Plan for the purpose of providing compensation, irrespective of fault, for birth-related neurological injuries. Such plan shall apply to births occurring on or after January 1, 1989, and shall be administered by the Florida Birth-Related Neurological Injury Compensation Association.
(2) The rights and remedies granted by this plan on account of a birth-related neurological injury shall exclude all other rights and remedies of such infant, her or his personal representative, family members, dependents, and next of kin, at common law or otherwise, against any person or entity directly involved with the labor, delivery, or immediate postdelivery resuscitation during which such injury occurs, arising out of or related to a medical negligence claim with respect to such injury; except that a civil action may not be foreclosed where there is clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property, provided that such suit is filed prior to and in lieu of payment of an award under ss. 766.301-766.316. Such suit shall be filed before the award of the division becomes conclusive and binding as provided for in s. 766.311.
(3) Sovereign immunity is hereby waived on behalf of the Florida Birth-Related Neurological Injury Compensation Association solely to the extent necessary to assure payment of compensation as provided in s. 766.31.
(4) The association shall administer the plan in a manner that promotes and protects the health and best interests of participants with birth-related neurological injuries.
Notes and commentary — not statutory text
History
s. 62, ch. 88-1; s. 37, ch. 88-277; s. 1, ch. 89-186; s. 1154, ch. 97-102; s. 74, ch. 2003-416; s. 2, ch. 2021-134; s. 3, ch. 2026-127.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/0766.html
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- sha256 82867adb16b4b6bebe785c00fb0914db7adc8f0f8a7e051dd3a4a6b7c1879dfd
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 766.301, Fla. Stat.Legislative findings and intent.Printed as ss. 766.301-766.316
- § 766.31, Fla. Stat.Administrative law judge awards for birth-related neurological injuries; notice of award.Printed as s. 766.31
- § 766.311, Fla. Stat.Conclusiveness of determination or award; appeal.Printed as s. 766.311
- § 766.316, Fla. Stat.Notice to obstetrical patients of participation in the plan.Printed as ss. 766.301-766.316
Cited by 3 provisions
Provisions in this library whose text cites § 766.303, Fla. Stat.. Each shows the citation as that text prints it.
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