GALEN OF FLORIDA, INC. v. BRANIFF

Nos. 86485, 86486.

696 So.2d 308 (1997)

GALEN OF FLORIDA, INC., et al., Petitioners, v. Lori Ann BRANIFF, et al., Respondents. Robert BAZLEY, M.D., Petitioner, v. Lori Ann BRANIFF, et al., Respondents.

Supreme Court of Florida.

Rehearing Denied July 1, 1997.


Attorney(s) appearing for the Case

Robert E. Broach, Alan K. Ragan and James C. Rinaman, Jr. of Marks, Gray, Conroy & Gibbs, P.A., Jacksonville, and Jack W. Shaw, Jr. and Michael J. Obringer of Brown, Obringer, Shaw, Beardsley & DeCandio, Jacksonville, for Petitioners.

F. Shields McManus of Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, Stuart, and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Respondents.

Dock A. Blanchard of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for The Academy of Florida Trial Lawyers, Amicus Curiae.

Vincent J. Rio, III, Stephen E. Day, Raymond L. Roebuck and P. Heath Brockwell of Taylor, Day & Rio, Jacksonville, for the Florida Statutory Teaching Hospital Council, Association of Voluntary Hospitals of Florida, Florida Hospital Association, and Florida Medical Association, Amici Curiae.

Bruce S. Rogow and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, and Phillip Taylor of Taylor & Swope, Tampa, for Jaimes McKaughan and Darlene McKaughan, individually and on behalf of their son Michael McKaughan, Amici Curiae.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for Athey and Sierra, Amicus Curiae.


KOGAN, Chief Justice.

We have for consideration the following question certified by the First District Court of Appeal to be of great public importance:

WHETHER SECTION 766.316, FLORIDA STATUTES (1993), REQUIRES THAT HEALTH CARE PROVIDERS GIVE THEIR OBSTETRICAL PATIENTS PRE-DELIVERY NOTICE OF THEIR PARTICIPATION IN THE FLORIDA BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION PLAN AS A CONDITION PRECEDENT TO THE PROVIDERS...

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