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MILLS v. NORTH BROWARD HOSP. DIST.

Nos. 93-1661, 93-2588.

664 So.2d 65 (1995)

Kelly A. MILLS, Individually, as a Parent, and as Personal Representative of the Estate of Alexis Rosenthal; and Jack Rosenthal, Individually and as a Parent of Alexis Rosenthal, Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, d/b/a Broward General Medical Center; Sunlife OB/GYN Services of Broward County, Inc.; Lherisson Domond, M.D.; and Lherisson Domond, M.D., P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

December 13, 1995.

Attorney(s) appearing for the Case

Phillip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and William deForest Thompson, P.A., Fort Lauderdale, for appellants.

Linda R. Spaulding and Gina G. Greeson of Conrad, Scherer, James & Jenne, Fort Lauderdale, for Appellee-North Broward Hospital District.

Bonnie Eyler and Vanessa A. Reynolds of Santone, Eyler & Lury, P.A., Fort Lauderdale, for Appellees-Domond.

FARMER, Judge.1

We reverse a final order of dismissal of plaintiffs' medical malpractice complaint against an obstetrician and hospital for birth related neurological injuries to their child. We conclude that the failure to give notice to plaintiffs before the provision of medical services that the doctors had elected participation in the Neurological Injury Compensation Act deprives the agency of its exclusive jurisdiction and authorizes...

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