Fla. Stat. 766.303
Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy

(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 injury claims. 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, parents, 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 shall 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 children with birth-related neurological injuries.

Source: Section 766.303 — Florida Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy, https://www.­flsenate.­gov/Laws/Statutes/2024/0766.­303 (accessed Aug. 7, 2025).

766.21
Misarbitration 766.31
Administrative law judge awards for birth-related neurological injuries 766.101
Medical review committee, immunity from liability 766.102
Medical negligence 766.103
Florida Medical Consent Law 766.104
Medical negligence cases 766.106
Notice before filing action for medical negligence 766.108
Mandatory mediation and mandatory settlement conference in medical negligence actions 766.110
Liability of health care facilities 766.111
Engaging in unnecessary diagnostic testing 766.112
Comparative fault 766.113
Settlement agreements 766.118
Determination of noneconomic damages 766.201
Legislative findings and intent 766.202
Definitions 766.203
Presuit investigation of medical negligence claims and defenses by prospective parties 766.204
Availability of medical records for presuit investigation of medical negligence claims and defenses 766.205
Presuit discovery of medical negligence claims and defenses 766.206
Presuit investigation of medical negligence claims and defenses by court 766.207
Voluntary binding arbitration of medical negligence claims 766.208
Arbitration to allocate responsibility among multiple defendants 766.209
Effects of failure to offer or accept voluntary binding arbitration 766.211
Payment of arbitration award 766.212
Appeal of arbitration awards and allocations of financial responsibility 766.301
Legislative findings and intent 766.302
Definitions 766.303
Florida Birth-Related Neurological Injury Compensation Plan 766.304
Administrative law judge to determine claims 766.305
Filing of claims and responses 766.306
Tolling of statute of limitations 766.307
Hearing 766.309
Determination of claims 766.311
Conclusiveness of determination or award 766.312
Enforcement of awards 766.313
Limitation on claim 766.314
Assessments 766.315
Florida Birth-Related Neurological Injury Compensation Association 766.316
Notice to obstetrical patients of participation in the plan 766.318
Civil liability for provision of sex-reassignment prescriptions or procedures to minors 766.1015
Civil immunity for members of or consultants to certain boards, committees, or other entities 766.1016
Patient safety data privilege 766.1065
Authorization for release of protected health information 766.1115
Health care providers 766.1116
Health care practitioner 766.1185
Bad faith actions 766.2021
Limitation on damages against insurers, prepaid limited health service organizations, health maintenance organizations, or prepaid health clinics 766.3145
Code of ethics

Current through Fall 2025

§ 766.303. Fla. Birth-Related Neurological Injury Compensation Plan; exclusiveness of remedy's source at flsenate​.gov