November 1, 2006
University of Miami v. Juanita Ruiz
Case Number(s):
SC05-2164

Transcript:

Summary:

After Juanita Ruiz's son was born with significant brain damage because of oxygen deprivation during his birth, she and her husband filed a medical malpractice lawsuit. But Florida has a state law that requires use of a no-fault administrative compensation system for some birth-related neurological injuries. The Third District Court of Appeal ruled that physicians who delivered Mrs. Ruiz's baby failed to notify her of the law, as the law requires. The 3rd DCA also certified conflict with a decision by the Fifth District Court of Appeal in a different case. The university argues that the notice requirement was waived because Mrs. Ruiz was admitted to the hospital under an emergency medical condition. The Ruiz family argues that the physicians were not exempted from notifying Mrs. Ruiz about the law because she pre-registered at the hospital three weeks before she gave birth.