Division of Administrative Hearings, Florida
Filed: Oct. 26, 2004
Whether Eman Mustafa, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether the hospital and the participating physician gave the patient notice, as contemplated by Section 766.316, Florida Statutes, or whether any failure to give notice was excused because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes, or the giving of notice was not practicable.The proof failed to demonstrate that the child`s neurological problems were birth related or that she was substantially mentally and physically impaird. The claim is denied.
