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SCHUR v. FLORIDA BIRTH-RELATED NEUROLOGICAL

No. 1D01-4197.

832 So.2d 188 (2002)

Nicholas J. SCHUR and Lisa S. Schur, etc., Appellant, v. FLORIDA BIRTH-RELATED NEUROLOGICAL, etc., et al., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 17, 2002.

Attorney(s) appearing for the Case

C. Rufus Pennington, III, of Margol & Pennington, P.A., Jacksonville, for Appellant.

Wilbur E. Brewton, General Counsel and Kelly B. Plante, of Brewton, Plante & Plante, P.A., Tallahassee for Neurological Injury Compensation Association; Daniel M. Eisel, and Kelly B. Mathis, of Gobelman, Love, Gavin, Blazs & Mathis, Jacksonville for Marijane Q. Boyd, M.D. and Beaches Obstetrical and Gynecological Practice, for Appellee.

LEWIS, J.

Nicholas and Lisa Schur, appellants, challenge the Administrative Law Judge's ("ALJ") conclusion that Dr. Marijane Boyd's failure to provide the required notice under section 766.316, Florida Statutes (Supp.1998), was harmless. Section 766.316 requires participating physicians in the Florida Birth-Related Neurological Injury Compensation Plan ("NICA plan") to provide notice to their obstetrical patients of their participation in such. Participating

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