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Legal Opinion

Florida Birth-Related Neurological Injury Compensation Ass'n v. McKaughan

Supreme Court of Florida

Decided February 29, 1996No. Nos. 85447, 85455 and 85469PublishedCited by 17 opinions

1Opinion of the Court

ANSTEAD, Justice.

We have for review the decision of the Second District passing upon the following question certified to be of great public importance:

DOES AN ADMINISTRATIVE HEARING OFFICER HAVE THE EXCLUSIVE JURISDICTION TO DETERMINE WHETHER AN INJURY SUFFERED BY A NEW-BORN INFANT DOES OR DOES NOT CONSTITUTE A “BIRTH-RELATED NEUROLOGICAL INJURY” WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301-.316, FLORIDA STATUTES (1993), SO THAT A CIRCUIT COURT IN A MEDICAL MALPRACTICE ACTION SPECIFICALLY ALLEGING AN INJURY OUTSIDE THE COVERAGE OF THE…

2Cases cited7 opinions

  1. Mandico v. Taos Const., Inc.Supreme Court of Florida · 1992
  2. Pomponio v. Claridge of Pompano CondominiumSupreme Court of Florida · 1979
  3. Grice v. Suwannee Lumber Manufacturing CompanyDistrict Court of Appeal of Florida · 1959
  4. Winn-Lovett Tampa v. MurphreeSupreme Court of Florida · 1954
  5. Gulfstream Park Rac. Ass'n v. Dept. of Bus. Reg.Supreme Court of Florida · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Nica v. Div. of Administrative HearingsSupreme Court of Florida · 1997
  2. Galen of Florida, Inc. v. BraniffSupreme Court of Florida · 1997
  3. O'Leary v. Fla. Birth-Related Neurological Injury Compensation AssociationDistrict Court of Appeal of Florida · 2000
  4. Florida Birth-Related Neurological Injury Compensation Ass'n v. Florida Division of Administrative HearingsSupreme Court of Florida · 2007
  5. All Children's Hosp., Inc. v. Dept. of Admin. HearingsDistrict Court of Appeal of Florida · 2004

12 more not listed; retrieve them via the Exa API.

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