Division of Administrative Hearings, Florida
Filed: Dec. 21, 2009
(1) Compensability, to wit: Whether the injury claimed is a birth-related neurological injury and whether obstetrical services were delivered by a participating physician in the course of labor, delivery, or resuscitation in the immediate post-delivery period in the hospital. (2) Whether notice was accorded the patient, as contemplated by Section 766.316, Florida Statutes, or whether the failure to give notice was excused because the patient had an emergency medical condition, as defined in Section 395.002 (8)(b), Florida Statutes, or the giving of notice was not practicable.Infant's brain injury most likely post-dated labor, delivery, and resuscitation in the immediate postdelivery period (the statutory period) so as not to be compensable. Rebuttable presumption stipulated.
