AUTO INJURY SOLUTIONS
v.
FLORIDA HOSPITAL MEDICAL CENTER AS ASSIGNEE OF CINDY GUAJARDO
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Auto Injury Solutions seeks certiorari review of a trial court order denying its motion for protective order regarding a deposition. The Florida Supreme Court reversed, applying its recent holding that PIP benefits are limited to $2,500 when no physician, dentist, or advanced registered nurse practitioner has affirmatively determined an emergency medical condition from a motor vehicle accident.
The court grants the petition for certiorari and quashes the trial court's October 28, 2020 order denying the motion for protective order, based on the principle that PIP benefits are limited to $2,500 when there has been no affirmative determination by a qualified healthcare provider that an emergency medical condition resulted from the motor vehicle accident.
“when there has been no affirmative determination or diagnosis by either a physician, dentist, or an advanced registered nurse practitioner that the injured person at issue in the litigation suffered an "emergency medical condition" from a motor vehicle accident, personal injury protection ("PIP") benefits were limited to $2,500”
Establishes the controlling legal standard for PIP benefits eligibility and sets the basis for reversing the trial court's decision
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Join FLexlaw to unlock all legal intelligenceCindy Guajardo, represented by Florida Hospital Medical Center as assignee, apparently sought PIP benefits following a motor vehicle accident. Auto In…
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PER CURIAM.
In Depositors Insurance Co. v. Pasco-Pinellas Hillsborough Community Health System, 46 Fla. L. Weekly D1320 (Fla. 5th DCA June 4, 2021), we recently concluded that when there has been no affirmative determination or diagnosis by either a physician, dentist, or an advanced registered nurse practitioner 1 that the injured person at issue in the litigation suffered an “emergency medical condition” from a motor vehicle accident, personal injury protection (“PIP”) benefits were limited to $2,500. Based on this decision, we grant the petition for writ of certiorari now before us and quash, in its entirety, the trial court’s October 28, 2020 order that denied
Petitioner’s second amended objection and its motion for protective order regarding the taking of the deposition duces tecum of its corporate representative.
PETITION GRANTED; ORDER QUASHED.
LAMBERT, C.J., HARRIS and WOZNIAK, JJ., concur. 1 We note that under section 627.736(1)(a)3. and 4., Florida Statutes (2018), a physician’s assistant is one of the providers who also may determine whether the injured person did or did not sustain an emergency medical condition. However, because the insurance policy in Depositors Insurance did not list a physician’s assistant as one of the providers who could also make that determination, we did not include a physician’s assistant in our conclusion there. 2
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Citator
Cited By
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Auto Injury Solutions v. Fla. Hosp. Med. Ctr., 46 Fla. L. Weekly D1320 (Fla. 5th DCA 2021)
Authorities Cited
- Auto Injury Solutions v. Fla. Hosp. Med. Ctr., 46 Fla. L. Weekly D1320 (Fla. 5th DCA 2021)