The Florida Senate

¹766.316  Notice to obstetrical patients of participation in the plan.--Each hospital with a participating physician on its staff and each participating physician, other than residents, assistant residents, and interns deemed to be participating physicians under s. 766.314(4)(c), under the Florida Birth-Related Neurological Injury Compensation Plan shall provide notice to the obstetrical patients as to the limited no-fault alternative for birth-related neurological injuries. Such notice shall be provided on forms furnished by the association and shall include a clear and concise explanation of a patient's rights and limitations under the plan. The hospital or the participating physician may elect to have the patient sign a form acknowledging receipt of the notice form. Signature of the patient acknowledging receipt of the notice form raises a rebuttable presumption that the notice requirements of this section have been met. Notice need not be given to a patient when the patient has an emergency medical condition as defined in ²s. 395.002(8)(b) or when notice is not practicable.

History.--s. 75, ch. 88-1; s. 8, ch. 89-186; s. 4, ch. 98-113.

¹Note.--Section 7, ch. 98-113, provides that "[a]mendments to section 766.316, Florida Statutes, shall take effect July 1, 1998, and shall apply only to causes of action accruing on or after that date."

²Note.--Redesignated as s. 395.002(9)(b) to conform to amendments by s. 23, ch. 98-89, and s. 37, ch. 98-171.