PHYLLIS CHAMBERS, AS ADMINISTRATRIX AND PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM J. CHAMBERS, APPELLANT,
v.
JOHN GAUL, D. L. AND GEORGE COURT, D. O., APPELLEES
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Florida appellate court reversed dismissal of medical malpractice complaint filed within the two-year statute of limitations but outside the 60-day post-mediation filing window, holding that the 60-day requirement extends rather than shortens the statute of limitations.
The 60-day filing requirement under Florida Statute 768.44(4) extends the applicable statute of limitations rather than shortening it, and does not bar complaints filed within the two-year statute of limitations.
[1] The 60-day filing requirement following termination of a medical mediation panel extends the applicable statute of limitations rather than shortening it, and applies only…
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Join FLexlaw to unlock all legal intelligenceWilliam Chambers died in March 1975 following surgical complications. His estate filed a medical mediation claim; the panel's jurisdiction terminated …
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MOORE, Judge.
This is an appeal by the plaintiff in a malpractice action from an order dismissing the complaint because it was not filed within 60 days after the termination of jurisdiction of the medical mediation panel.
William Chambers was admitted to a hospital in March, 1975 and died that month when complications developed after surgery. The personal representative of his estate filed a medical mediation claim. Jurisdiction of the panel terminated, without any decision having been rendered, on June 4, 1976. The personal representative then filed a wrongful death-malpractice action on December 21, 1976. Even though the action was filed within the applicable two year statute of limitations, the trial judge dismissed the complaint, pursuant to Section 768.44(4), Florida Statutes (1976 Supp.), which provides that a complaint shall be filed within 60 days from the date on which the jurisdiction of the panel is terminated.
The 60 day filing period of § 768.-44(4) does not shorten the applicable statute of limitations. Jones v. North Dade Hospital, Inc., 359 So. 2d 56 (Fla.3d DCA 1978); Enfield v. Held, 357 So. 2d 772 (Fla.2d DCA 1978). The effect of the 60 day provision is to extend the applicable statute of limitations up to 60 days after termination of the mediation proceeding in those cases where less than 60 days remain on the statute of limitations.
The order appealed from is reversed and the cause is remanded with directions to reinstate the complaint.
ANSTEAD and LETTS, JJ., concur.
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Salcedo v. Asociacion Cubana, Inc., 368 So. 2d 1337 (Fla. 3d DCA 1979)…1(3); 95.11(4)(b), Fla.Stat. (1975). See also Gonzales v. Jacksonville General Hospital, Inc., 365 So. 2d 800 (Fla. 1st DCA 1978). . An earlier action, filed in 1975, was dismissed without prejudice for lack of prosecution. . See Chambers v. Gaul, 365 So. 2d 213 (Fla. 4th DCA 1978); Jones v. North Dade Hospital, Inc., 359 So. 2d 56 (Fla. 3d DCA 1978). . The clinic argues here that the plaintiff “should have appealed” the adverse ruling in the previous litigation. But no formulation of the estoppel doctrine…
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John v. Smith and Lucy L. Smith, 368 So. 2d 81 (Fla. 4th DCA 1979)…PER CURIAM. The summary judgment in this case is reversed on the authority of Chambers v. Gaul, 365 So. 2d 213 (Fla. 4th DCA 1978); Jones v. North Dade Hospital, Inc., 359 So. 2d 56 (Fla. 3d DCA 1978) and Enfield v. Held, 357 So. 2d 772 (Fla. 2d DCA 1978); and this cause is remanded for further proceedings. REVERSED and REMANDED. DAUKSCH and MOORE, JJ., an…
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Morris Wimpey et ux. v. Gabriel A. Sanchez, M.D., 386 So. 2d 1241 (Fla. 3d DCA 1980)…a complaint for medical malpractice in circuit court only if the portion of the statute of limitations not tolled is less than sixty days; otherwise, the party may file the action any time before the statute of limitations expires. Chambers v. Gaul, 365 So. 2d 213 (Fla. 4th DCA 1978); Jones v. North Dade Hospital, Inc., 359 So. 2d 56 (Fla. 3d DCA 1978); Enfield v. Held, 357 So. 2d 772 (Fla. 2d DCA 1978). .It is equally clear that no sufficient showing has been made that the Wimpeys discovered or with the exe…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. N. Dade Hosp., Inc., 359 So. 2d 56 (Fla. 3d DCA 1978)
- Enfield v. Held, 357 So. 2d 772 (Fla. 2d DCA 1978)