SC08-1319 Mike Kocher, et. al, v. Bayfront Medical Center, Inc.

State: Florida

Docket No: SC08-1319

Case Date: 01/14/2010

Preview:Supreme Court of Florida
___________ No. SC08-1317 ____________
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Petitioner,
vs. DEPARTMENT OF ADMINISTRATIVE HEARINGS, et al.,

Respondents.
____________ No. SC08-1318 ____________ FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Petitioner, vs. BAYFRONT MEDICAL CENTER, INC.,

Respondent.
____________ No. SC08-1319 ____________ MIKE KOCHER, et al.,

Petitioners,
vs. BAYFRONT MEDICAL CENTER, INC.,

Respondent.

[January 14, 2010] POLSTON, J. This consolidated case is before the Court for review of All Childrens Hospital, Inc. v. Department of Administrative Hearings, 989 So. 2d 2 (Fla. 2d DCA 2008), and Bayfront Medical Center, Inc. v. Florida Birth-Related Neurological Injury Compensation Assn, 982 So. 2d 704 (Fla. 2d DCA 2008). In both opinions the Second District Court of Appeal ruled upon the following question, which the court certified to be of great public importance: IN LIGHT OF THE FLORIDA SUPREME COURTS DECISION IN GALEN OF FLORIDA, INC. V. BRANIFF, 696 So. 2d 308 (Fla. 1997), DOES A PHYSICIANS PREDELIVERY NOTICE TO HIS OR HER PATIENT OF THE PLAN AND HIS OR HER PARTICIPATION IN THE PLAN SATISFY THE NOTICE REQUIREMENTS OF SECTION 766.316, FLORIDA STATUTES (1997), IF THE HOSPITAL WHERE THE DELIVERY TAKES PLACE FAILS TO PROVIDE NOTICE OF ANY KIND? All Childrens, 989 So. 2d at 4; Bayfront, 982 So. 2d at 710.1 We answer the certified question in the negative and quash the Second Districts decisions in both All Childrens and Bayfront. We hold that in order to satisfy the notice requirement of section 766.316, Florida Statutes (1997), both

1. We have jurisdiction. See art. V,

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