ROLAND A. NORTON AND GEORGIA NORTON, HIS WIFE, APPELLANTS,
v.
SOUTH MIAMI HOSPITAL FOUNDATION, INC., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
Affirmed. See Riccobono v. Cordis Corporation, 341 So. 2d 805 (Fla. 3d DCA 1977).
SCHWARTZ, Judge
(specially concurring).
The plaintiff-appellant was allegedly injured because of the mechanical failure of a special table called a Phillips Unit to which he was strapped during the taking of a myelogram at the defendant hospital. I do not believe that his action for damages against the hospital, based essentially upon a claim of improper maintenance of its equipment, is one for “malpractice” which must first be submitted to mediation under Sec. 768.44(l)(a), Fla.Stat. (1977). See St. Vincent's Medical Center v. Oakley, 371 So. 2d 590 (Fla. 1st DCA 1979); Jackson v. Biscayne Medical Center, Inc., 347 So. 2d 721 (Fla. 3d DCA 1977). In Riccobono v. Cordis Corp., 341 So. 2d 805 (Fla. 3d DCA 1977), however, this court held otherwise in an indistinguishable factual situation. Solely because we are bound by the Riccobono decision,1 I therefore concur in the affirmance of the trial court’s action in dismissing the complaint because mediation had not first been pursued.
. See also Schoenbrod v. O'Neil, 375 So. 2d 42 (Fla. 3d DCA 1979) (specially concurring opinion); Valenstein v. Doctors Hospital, 372 So. 2d 1169 (Fla. 3d DCA 1979) (specially concurring opinion); Diners Club, Inc. v. Brachvogel, 370 So. 2d 443 (Fla. 3d DCA 1979) (specially concurring opinion).
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Gatto v. Publix Supermarket, Inc., 387 So. 2d 377 (Fla. 3d DCA 1980)…ity acquiescence; “(vi) reluctance of the victim to testify; “(vii) cooperation of the accused in the apprehension or conviction of others; “(viii) availability and likelihood of prosecution by another jurisdiction.” . See Schoenbrod v. O'Neill, 375 So. 2d 42 (Fla. 3d DCA 1979) (Schwartz, J., special concurring opinion).…
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Cont'l Video Corp. v. Honeywell, Inc., 422 So. 2d 35 (Fla. 3d DCA 1982)…urring opinions in Diners Club, Inc. v. Brachvogel, 370 So. 2d 443 (Fla. 3d DCA 1979), cert. discharged, 395 So. 2d 1156 (Fla.1980); Valenstein v. Doctors Hospital, 372 So. 2d 1169 (Fla. 3d DCA 1979); Norton v. South Miami Hospital Foundation, Inc., 375 So. 2d 42 (Fla. 3d DCA 1979); and Schoenbrod v. O’Neill, 375 So. 2d 42 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1201 (Fla.1980).…1 / 2
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Zobac v. Se. Hosp. Dist. OF Palm Beach Cnty., 382 So. 2d 829 (Fla. 4th DCA 1980)…alert nurses and attendants, and the effectiveness of bed-rails. The issue was malpractice; the departure from a standard of care required of professionals. The latest case on the subject seems to be Norton v. South Miami Hospital Foundation, Inc., 375 So. 2d 42 (Fla. 3rd DCA 1979). There the appellant was allegedly injured by the mechanical failure of equipment used in taking a myelogram. The District Court affirmed the trial court’s dismissal of the complaint for failure to comply with the Medical Mediati…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. Biscayne Med. Ctr., Inc., 347 So. 2d 721 (Fla. 3d DCA 1977)
- The Diners Club, Inc. v. Brachvogel, 370 So. 2d 443 (Fla. 3d DCA 1979)
- Riccobono v. Cordis Corp., 341 So. 2d 805 (Fla. 3d DCA 1977)
- ST. Vincent's Med. Ctr. v. Honorable Thomas D. Oakley, 371 So. 2d 590 (Fla. 1st DCA 1979)
- Norton v. S. Miami Hosp. Found., Inc., 375 So. 2d 42 (Fla. 3d DCA 1979)
- Susenbach v. State, 372 So. 2d 1169 (Fla. 3d DCA 1979)
- Cmty. ART Alliance, Inc. v. Reno, 372 So. 2d 1169 (Fla. 3d DCA 1979)