Domond v. Mills

Supreme Court of Florida

Domond v. Mills

696 So. 2d 314, 22 Fla. L. Weekly Supp. 239, 1997 Fla. LEXIS 597, 1997 WL 212583

CourtSupreme Court of Florida

DecidedMay 1, 1997

DocketNo. 87270

StatusPublished

Cited by1 cases

This text of 696 So. 2d 314 (Domond v. Mills) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Domond v. Mills, 696 So. 2d 314, 22 Fla. L. Weekly Supp. 239, 1997 Fla. LEXIS 597, 1997 WL 212583 (Fla. 1997).

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Opinion

PER CURIAM.

We have for review Mills v. North Broward Hospital Dist., 664 So.2d 65 (Fla. 4th DCA 1995), wherein the Fourth District Court of Appeal certified the following question to be of great public importance:

Does § 766.316, Fla. Stat. (1993), require that health care providers give pre-deliv-ery notice to their obstetrical patients of their participation in the Florida Birth Related Neurological Injury Compensation Plan as a condition precedent to the providers invoking NICA as the patient’s exclusive remedy?

664 So.2d at 66. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In Galen of Florida, Inc. v. Braniff, 696 So.2d 308 (Fla.1997), we have answered this question by holding “that as a condition precedent to invoking the Florida Birth-Related Neurological Injury Compensation Plan as a patient’s exclusive remedy, health care providers must, when practicable, give their obstetrical patients notice of their participation in the plan a reasonable time prior to delivery.” Id., 696 So.2d at 309. Accordingly, we answer the certified question as we did in Galen and approve the decision under review to the extent it is consistent with our prior opinion.

It is so ordered.

KOGAN, C.J., and SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. OVERTON and GRIMES, JJ., dissent.

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PER CURIAM.

We have for review Mills v. North Broward Hospital Dist., 664 So.2d 65 (Fla. 4th DCA 1995), wherein the Fourth District Court of Appeal certified the following question to be of great public importance:

Does § 766.316, Fla. Stat. (1993), require that health care providers give pre-deliv-ery notice to their obstetrical patients of their participation in the Florida Birth Related Neurological Injury Compensation Plan as a condition precedent to the providers invoking NICA as the patient’s exclusive remedy?

664 So.2d at 66. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In Galen of Florida, Inc. v. Braniff, 696 So.2d 308 (Fla.1997), we have answered this question by holding “that as a condition precedent to invoking the Florida Birth-Related Neurological Injury Compensation Plan as a patient’s exclusive remedy, health care providers must, when practicable, give their obstetrical patients notice of their participation in the plan a reasonable time prior to delivery.” Id., 696 So.2d at 309. Accordingly, we answer the certified question as we did in Galen and approve the decision under review to the extent it is consistent with our prior opinion.

It is so ordered.

KOGAN, C.J., and SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. OVERTON and GRIMES, JJ., dissent.

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Bluebook (online)

696 So. 2d 314, 22 Fla. L. Weekly Supp. 239, 1997 Fla. LEXIS 597, 1997 WL 212583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/domond-v-mills-fla-1997.