HELENE HAFTEL AND LOUIS HAFTEL, HER HUSBAND, APPELLANTS,
v.
FLORIDA PATIENT'S COMPENSATION FUND, APPELLEE

Fla. 3d DCA | 1985-03-05
No. 84-1209
Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.
464 So. 2d 249 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The summary judgment for the Florida Patient’s Compensation Fund, entered because the Fund was joined as a defendant more than two years after the incident in question, is affirmed on the authority of Robison v. Florida Patient’s Compensation Fund, 458 So. 2d 1225 (Fla. 3d DCA 1984); Fabal v. Florida Keys Memorial Hospital, 452 So. 2d 946 (Fla. 3d DCA 1984); Lugo v. Florida Patient’s Compensation Fund, 452 So. 2d 633 (Fla. 3d DCA 1984); and Taddiken v. Florida Patient’s Compensation Fund, 449 So. 2d 956 (Fla. 3d DCA 1984). We again certify that this decision involves a question of great public importance1 and is in direct conflict with Florida Patient’s Compensation Fund v. Tillman, 453 So. 2d 1376 (Fla. 4th DCA 1984).

Affirmed.

. “Whether a claim against the Florida Patient’s Compensation Fund arises at the time of the alleged medical malpractice, rather than when judgment is entered against the tortfeasor, and is governed by the two year statute of limitations provided by Section 95.-11(4)(b), Florida Statutes (1977), so that the Fund must be made or joined as a party defendant within two years after the malpractice action accrues?"


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Cited By

  • Helene Haftel v. Fla. Patient's Comp. Fund, 478 So. 2d 350 (Fla. 1985)
    …8 So. 2d 1058 (Fla.1985), and Fabal v. Florida Keys Memorial Hospital, 478 So. 2d 1058 (Fla.1985). It is so ordered. BOYD, C.J., and ADKINS, OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. * Haftel v. Florida Patient's Compensation Fund, 464 So. 2d 249 (Fla. 3d DCA 1985): Whether a claim against the Florida Patient's Compensation Fund arises at the time of the alleged medical malpractice, rather than when judgment is entered against the tortfeasor, and is governed by the two year statute of limi…

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