Civil Litigation
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Columbia/JFK Medical Center Limited Partnership, d/b/a JFK Medical Center v. Judy Brown and Charity Brown, James Goodwin, M.D., Sharab Mohamed, M.D., and Immediate Care, P.A.
26 Fla. L. Weekly D2696 (Fla. 4th DCA Nov. 14, 2001)
Petitioner, a hospital, sought certiorari review of an order allowing a claim to proceed in a medical malpractice case. The hospital argued that the trial court erred in allowing one of the counts in the complaint to remain because it was based on different conduct by the hospital than the conduct alleged in the presuit screening required by Florida Statutes Section 766.106. In the presuit screening it was alleged that the hospital was vicariously liable to plaintiff because of the negligence of its emergency room physicians and nursing staff. The corroborating affidavit required by Section 766.203 was from an emergency physician. The court found that the distinction argued by the hospital was not significant, since the purpose of the statute was to prevent the filing of illegitimate medical malpractice claims. According to the court, that purpose is satisfied where, as here, the presuit requirements were complied with as to one theory of negligence against the hospital.
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