De Souza v. Ortiz

We grant this petition for a writ of prohibition to prevent the trial court from proceeding in excess of its jurisdiction.

The underlying action is a medical malpractice claim falling within the exclusive remedy provided by the Florida Birth-Related Neurological Injury Compensation Plan (NICA Plan). See § 766.301-.316, Fla. Stat.

The trial court initially stayed the medical malpractice proceedings until an administrative law judge was able to determine whether the purported injury qualified as a compensable injury under the NICA Plan. The administrative law judge determined the injury was a…