BENNETT v. ST. VINCENT'S MEDICAL CENTER

Nos. SC10-364, SC10-390.

71 So.3d 828 (2011)

Robert BENNETT, etc., et al., Petitioners, v. ST. VINCENT'S MEDICAL CENTER, INC., et al., Respondents. Florida Birth-Related Neurological Injury Compensation Association, Petitioner, v. St. Vincent's Medical Center, Inc., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied September 22, 2011.


Attorney(s) appearing for the Case

Rebecca Bowen Creed of Creed and Gowdy, P.A., Jacksonville, FL; and James W. Gustafson, Jr. of Searcy, Denney, Scarola, Barnhart, and Shihpley, P.A., Tallahassee, FL, for Petitioner, Robert Bennett, etc., et al.

Wilbur E. Brewton , Kelly Brewton Plante, and Tana Duden Storey of Brewton Plante, P.A., Tallahassee, FL, for Petitioner, Florida Birth-Related Neurological Injury Compensation Association (NICA).

William T. Jackson , William Peter Martin , and Craig Ashley Dennis of Dennis, Jackson, Martin and Fontela, P.A., Tallahassee, FL, for Respondents, William H. Long, M.D. and North Florida Obstetrics and Gynecology, P.A.

Scott A. Tacktill and Daniel A. Tressler, II , of The Unger Law Group, P.L., Orlando, FL, for Respondent, St. Vincent's Medical Center, Inc.


PARIENTE, J.

The issue in these consolidated cases is whether parents of a severely brain-damaged infant are precluded from suing in a court of law for the damages sustained by alleged malpractice and instead are required to pursue limited compensation in an administrative forum provided by statute under the Florida Birth-Related Neurological Injury Compensation Plan (the NICA Plan). The narrow question is whether the First...

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