FLORIDA PATIENT'S COMPENSATION FUND, PETITIONER,
v.
HERBERT COHEN, RESPONDENT
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The court held that the two-year statute of limitations for medical malpractice claims applies to complaints against the Florida Patient's Compensation Fund, but affirmed that a factual issue existed regarding the discovery of the cause of action.
The district court initially held that the statute of limitations for medical malpractice did not apply to claims against the Florida Patient's Compen…
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SHAW, Justice.
We review Cohen v. Baxt, 473 So. 2d 1340 (Fla. 4th DCA 1985), because of direct and express conflict with Taddiken v. Florida Patient’s Compensation Fund, 478 So. 2d 1058 (Fla.1985). We have jurisdiction.- Art. V, § 3(b)(3), Fla. Const. The district court below held, inter alia,’ that the two-year statute of limitations for medical malpractice claims, section 95.11(4)(b), Florida Statutes (1983), was not applicable to complaints against the Florida Patient’s Compensation Fund. Respondent concedes this was error. We disapprove this portion of the decision below on the authority of Taddiken.
As an alternative ground, the district court also held, assuming section 95.-11(4)(b) was applicable, that there was a genuine, material issue of fact as to when respondent discovered his cause of action and thus, whether the cause of action was filed within the two-year limitation. Accordingly, in the district court view, the trial court erred in granting summary judgment to petitioner based on the statute of limitations. We see no error in the district court holding on this point and approve this portion of the decision.
The case is remanded for proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, MCDONALD and EHRLICH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Tanner v. Ellie Hartog, M.D., 618 So. 2d 177 (Fla. 1993)…it was barred by the statute of repose. On the other hand, the Tanners point to Ash v. Stella, 457 So. 2d 1377 (Fla.1984), Florida Patient’s Compensation Fund v. Tillman, 487 So. 2d 1032 (Fla.1986), and Florida Patient’s Compensation Fund v. Cohen, 488 So. 2d 56 (Fla.1986), each of which are at least susceptible to the interpretation that the malpractice statute of limitations does not begin to run until there is knowledge of all the elements of a completed tort, including the negligent act, the injury, and…
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Tyson v. Viacom, Inc., 890 So. 2d 1205 (Fla. 4th DCA 2005)…did not constitute a "violation of law, rule, or regulation" and the federal district court that issued the injunction did not constitute an "agency” as required to state a claim under the Whistle Blower's Act. . Fla. Patient’s Comp. Fund v. Cohen, 488 So. 2d 56 (Fla. 1986); Fla. Patient's Comp. Fund v. St. Paul Fire & Marine Ins. Co., 535 So. 2d 335 (Fla. 4th DCA 1988); Quality Type & Graphics v. Guetzloe, 513 So. 2d 1110 (Fla. 5th DCA 1987).…
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Bud Pratt Williams v. Firth S. Spiegel, M.D., 512 So. 2d 1080 (Fla. 3d DCA 1987)…an injury caused by medical malpractice, should have been discovered more than two years before suit was filed. See Cohen v. Baxt, 473 So. 2d 1340, 1343 (Fla. 4th DCA 1985), aff’d on this issue sub nom. Florida Patient’s Compensation Fund v. Cohen, 488 So. 2d 56 (Fla.1986); Scherer v. Schultz, 468 So. 2d 539, 540 (Fla. 4th DCA 1985); Florida Patient’s Compensation Fund v. Tillman, 453 So. 2d 1376, 1379 (Fla. 4th DCA 1984), affd on this issue, 487 So. 2d 1032 (Fla.1986); see also Schafer v. Lehrer, 476 So. 2…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taddiken v. Fla. Patient's Comp. Fund, 478 So. 2d 1058 (Fla. 1985)
- Cohen v. Paul Baxt, M.D., 473 So. 2d 1340 (Fla. 4th DCA 1985)