Bennett v. St. Vincent's Medical Center, Inc.

The issue in these consolidated cases is whether parents of a severely brain-damaged infant are precluded from suing in a court of law for the damages sustained by alleged malpractice and instead are re*833quired to pursue limited compensation in an administrative forum provided by statute under the Florida Birth-Related Neurological Injury Compensation Plan (the NICA Plan). The narrow question is whether the First District Court of Appeal in St. Vincent’s Medical Center, Inc. v. Bennett, 27 So.3d 65 (Fla. 1st DCA 2009), interpreted the term “immediate postdeliv-ery period in a hospital,” as that…