Division of Administrative Hearings, Florida
Filed: Sep. 26, 2008
Whether Petitioners' claim qualifies under the Florida Birth-Related Neurological Injury Compensation Plan. See ยง 766.309(1)(a) and (b), Fla. Stat.1 Whether notice was accorded the patient (mother) by the healthcare providers, 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.2Notice at the first opportunity is required of both the physician and hospital; here, a second notice by the physician was impracticable.
