Supreme Court of Florida

In a consolidated medical malpractice action, involving the Florida Birth-Related Neurological Injury Compensation Plan established by the legislature, the decision by the Second District is quashed and remanded where, in order to satisfy the notice requirement of section 766.316, Florida Statutes, both participating physicians and hospitals with participating physicians on staff must provide obstetrical patients with notice of their participating in the plan.

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

• POLSTON, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Wilbur E. Brewton, Kelly B. Plante, and Tana D. Storey of Brewton Plante, P.A., Tallahassee, FL, and Dino G. Galardi of The Ferraro Law Firm, Miami, FL, for Petitioners., Joel S. Perwin, Miami, FL, on behalf of Florida Justice Association; and Andrew S. Bolin, Tampa, FL, on behalf of Florida Hospital Association and Florida Defense Lawyer's Association, As Amicus Curiae.


• For Appellees:
  
• David S. Nelson, Tampa, FL; Marie A. Borland and C. Howard Hunter of Hill, Ward and Henderson, P.A., Tampa, FL; Steven C. Ruth and Jessica E. Shahady of Beltz and Ruth, P.A., St. Petersburg, FL; and Timothy F. Prugh of Prugh and Associates, Tampa, FL, for Respondents.