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SUNLIFE OB/GYN SERVICES v. MILLION

No. 4D04-810.

907 So.2d 624 (2005)

SUNLIFE OB/GYN SERVICES OF BROWARD COUNTY, P.A., Harvey C. Roth, M.D., Harvey C. Roth, M.D., P.A., Karen J. Saver, C.N.M., Mark Tomback, M.D., Phyamerica Physician Group of Florida, Inc., and Scott Medical Group, LLC, et al., and Florida Birth-Related Neurological Injury Compensation Association, Appellants, v. Randall and Eileen MILLION, on behalf of Simeon Elijah MILLION, and North Broward Hospital District, Appellees.

District Court of Appeal of Florida, Fourth District.

July 27, 2005.

Attorney(s) appearing for the Case

Nancy W. Gregoire and Richard T. Woulfe of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellants Sunlife, Harvey C. Roth, M.D., Harvey C. Roth, M.D., P.A., Karen J. Saver, C.N.M., Mark Tomback, M.D., Phyamerica Physician Group of Florida, Inc., and Scott Medical Group, LLC.

Wilbur E. Brewton and Kelly B. Plante of Roetzel & Andress, L.P.A., Tallahassee, for appellant Florida Birth-Related Neurological Injury Compensation Association.

Anne Carrion Toale and Altom M. Maglio of the Maglio Law Firm, Sarasota, for appellees Randall and Eileen Million.

KLEIN, J.

Florida's Birth-Related Neurological Injury Compensation Plan (NICA) provides an exclusive remedy where a child suffers a birth-related neurological injury, assuming the health care provider has given the required notice. The administrative law judge concluded that the notice given the mother in this case was sufficient for the hospital, but insufficient to apply to the physicians and midwife who treated the mother at the hospital and were allegedly negligent...

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