Barden v. Haddox

ANTOON, Judge.

We have for review the trial court’s order dismissing with prejudice a medical malpractice action involving a birth-related neurological injury, yet retaining jurisdiction over the ease. We reverse.

Justin W. Haddox, a minor, suffered a birth-related neurological injury as defined in section 766.302(2), Florida Statutes (1993), a provision of Florida’s Birth-Related Neurological Injury Compensation Plan (NICP). Through his parents, Justin sued Robert Eliot Barden, M.D. and Robert Eliot Bar-den, M.D., P.A. (Dr. Barden), alleging that Dr. Barden’s malpractice caused his injury. Dr.…