Division of Administrative Hearings, Florida
Filed: Aug. 22, 2011
The issues in this case are: (1) For the purposes of determining compensability, 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; and (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 sustained oxygen deprivation during labor which resulted in permanent and substantial mental and physical impairment. Hospital provided notice but participating physicians did not.
