Division of Administrative Hearings, Florida
Filed: Jul. 16, 2007
Whether Samuel J. Anderson, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). Whether the hospital and the participating physicians provided the patient notice, as contemplated by Section 766.316, Florida Statutes (2004), or whether notice was not required because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes (2004), or the giving of notice was not practicable.2 Whether Certified Nurse Midwife (CNM) Christine Hilderbrandt was a "participating physician," given the requirements of Sections 766.302(7) and 766.314(4)(c) and (d), Florida Statutes.Final Order resolving that the claim is compensable, and that the participating physicians, but not the hospital, complied with the notice provisions of the Plan.
