The Second District Court of Appeal of Florida recently held (in two separate opinions) that the giving of proper notice of participation in NICA by the delivering physician was sufficient to satisfy the statutory notice requirements and that a hospital which did not employ the delivering physician was not required to provide additional notice to the patient. Accordingly, in the above situation, non-employee physician notice of participation in the Plan was sufficient to give a hospital immunity from tort liability as well. It should be noted that in these cases there was no disagreement amongst the parties that the injuries involved were compensable under NICA, that the delivering doctor was a participant in NICA, that the physician gave notice of his/her participation in NICA to the patient and that the hospital failed to provide additional notice to the patient. The issue was certified to the Supreme Court of Florida for further guidance.
To read the opinions, click here: Bayfront Medical Center v. Kocher All Children’s Hospital v. Glenn
For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.
