Children's Medical Center, P.A. v. Kim ex rel. Kim

The petitioners are pediatric physicians who seek certiorari review of an order denying their ■ motion to abate a medical negligence action. They assert that, before the action can proceed in circuit court, an administrative law judge must first determine whether the injuries suffered by ■ the respondents’ child fall within the Florida Birth-Related Neurological Injury Compensation Plan (NICA). See §§ 766.301-766.316, Fla. Stat. (2007). *115Although there is no pending NICA claim, certiorari lies to review the denial of a motion to abate. See generally State Farm Mut. Auto. Ins. v. Kelly, 533…