Many hospitals and obstetricians in Florida participate in the Florida Birth Related Neurological Injury Compensation Plan (“the Plan”), which provides monetary benefits for infants who sustain specific brain or spinal cord injuries during labor, delivery, or post-delivery resuscitation. The infant’s parent(s) cannot file a lawsuit against the healthcare providers involved in the labor and delivery, assuming that (1) the claim is compensable (the infant must have certain permanent injuries and deficits) and (2) proper notice of participation in the Plan was given. If a claim is compensable, but proper notice was not given, the infant’s parent(s) can elect to forgo benefits under the Plan and proceed with medical malpractice litigation, which can be both costly and time consuming for the healthcare provider. Thus, it is important for hospitals/doctors to provide proper notice (1). 

 

As for timing, Florida case law suggests that notice be given within a “reasonable time” after the provider-obstetrical patient relationship begins. A central consideration should be whether the patient received the notice in sufficient time to make a meaningful decision of whether to select another provider prior to delivery. When the provider-obstetrical patient relationship is commenced and what constitutes “reasonable time” are both case specific questions of fact, which can vary. Accordingly, notice should be provided at the first available opportunity. For a hospital, it would be the best practice to give notice at any pre-registration appointment for delivery and if practicable, during any appointments at the hospital for ultrasounds, laboratory testing, or other prenatal care. For a doctor, notice should be given during the first prenatal office visit. Healthcare providers should also ensure that they have the patient sign a form acknowledging receipt of the notice, as receipt creates a rebuttable presumption that notice is proper.