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eBook details

• Title: Miller v. Halbach
• Author : Florida Court of Appeal
• Release Date : January 25, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Nicholas and Lisa Schur, appellants, challenge the Administrative Law Judges ("ALJ") conclusion that Dr. Marijane Boyds failure to provide the required notice under section 766.316, Florida Statutes (Supp. 1998), was harmless. Section 766.316 requires participating physicians in the Florida Birth-Related Neurological Injury Compensation Plan ("NICA plan") to provide notice to their obstetrical patients of their participation in such. Participating physicians in the NICA plan enjoy immunity from civil liability for those birth-related neurological injuries that are covered under the NICA plan. Accordingly, because Dr. Boyd failed to give the statutorily required notice and such failure was not harmless, we reverse. As this issue is dispositive of the appeal, we decline to address the remaining issues on appeal.

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