Division of Administrative Hearings, Florida
Filed: Jul. 12, 2006
Whether Tristan Bennett, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). Whether the hospital and the participating physician provided the patient notice, as contemplated by Section 766.316, Florida Statutes, or whether notice was not required 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 infant`s brain injury most likely post-dated the immediate post-delivery period. The petition is dismissed with prejudice.
