JUSTIN BATES, A MINOR, BY AND THROUGH HIS MOTHER AND LEGAL GUARDIAN, CYNTHIA BATES, AND CYNTHIA BATES, INDIVIDUALLY, APPELLANTS,
v.
PALGHAT M. SAHASRANAMAN, APPELLEE
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This medical malpractice appeal addresses whether section 768.28(9)(a), Florida Statutes, provides sovereign immunity to physicians employed by public hospitals. The Fourth District Court of Appeal affirmed summary judgment for the defendant doctor, holding that the statute's broad language extends immunity to all state employees, including physicians, regardless of the specific examples enumerated in the statute.
The court held that section 768.28(9)(a) clearly extends sovereign immunity to physicians employed by public hospitals. The statute's all-inclusive language applies to all state employees, and the specific examples provided do not limit the scope of protection to only those categories. Physicians employed by the state are entitled to the same immunity as other state employees for negligence within the scope of employment.
[1] Officers, employees, and agents of the state or its subdivisions are not personally liable for negligence committed within the scope of their employment under Florida Sta…
[2] The term "employee" in Florida Statute § 768.28(9)(b) includes volunteer firefighters.
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Join FLexlaw to unlock all legal intelligence“officers, employees, and agents of the state or its subdivisions shall not be personally liable for negligence committed within the scope of their employment”
This is the core statutory provision at issue that provides sovereign immunity to state employees, including physicians.
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Join FLexlaw to unlock all legal intelligenceJustin Bates, a minor, and his mother Cynthia Bates sued Dr. Palghat M. Sahasranaman, a salaried staff employee at a public hospital, for medical malp…
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STONE, Judge.
This is an appeal from a summary judgment in favor of a doctor in a medical malpractice action. The defendant is a salaried staff employee at a public hospital. The plaintiffs contend that section 768.-28(9)(a), Florida Statutes, does not confer sovereign immunity on doctors employed by a public hospital. That statute provides that officers, employees, and agents of the state or its subdivisions shall not be personally liable for negligence committed within the scope of their employment.
The statute contains the following additional provisions:
(b) As used in this subsection, the term: 1. “Employee” includes any volunteer firefighter
2. “Officer, employee or agent” includes, but is not limited to, any public defender or his employee or agent, including, among others, an assistant public defender and an investigator. § 768.28(9)(b), Fla.Stat. (1985) In 1986, section 768.28 was amended to add:
(10)(a) Health care providers or vendors, or any of their employees or agents, that have contractually agreed to act as agents of the Department of Corrections to provide health care services to inmates of the state correctional system shall be considered agents of the State of Florida, Department of Corrections, for the purposes of this section....
§ 768.28(10)(a), Fla.Stat. (Supp.1986).
The appellant argues that traditional principles of statutory construction support the conclusion that the legislature did not intend to extend immunity to medical professionals other than those providing services to the Department of Corrections. Appellant also contends that the application of the statute to physicians is against public policy.
Several appellate courts have already recognized that the statute affords immunity to physicians employed by the state. See DeRosa v. Shands Teaching Hospital & Clinics, Inc., 504 So. 2d 1313 (Fla. 1st DCA 1987); Jaar v. University of Miami, 474 So. 2d 239 (Fla. 3d DCA 1985) (en banc), rev. denied, 484 So. 2d 10 (Fla.1986); Bryant v. Duval County Hospital Authority, 459 So. 2d 1154 (Fla. 1st DCA 1984); White v. Hillsborough County Hospital Authority, 448 So. 2d 2 (Fla. 2d DCA), cause dismissed, 443 So. 2d 981 (Fla.1983). And, in Public Health Trust of Dade County v. Valcin, 507 So. 2d 596, 601 (Fla. 1987), the supreme court noted in an action against a public hospital, that the operating employee/doctor had been properly dismissed under the immunity provisions of the statute.
There is no reason to interpret the provisions, which insure that the protection of the act extends to volunteer firefighters, public defenders and outside prison health care providers, as limiting the all inclusive language of the statute. Nor is there any reason to consider physicians apart from other professional state employees. The language of the statute is clear and unambiguous. There are other public policy concerns which the legislature has resolved by the broad, non-exclusive language in the statute, protecting all state employees from personal liability for simple negligence occurring in the scope of their public employment. See State Department of Transportation v. Knowles, 402 So. 2d 1155 (Fla.1981).
The judgement of the trial court is, therefore, affirmed.
ANSTEAD and DELL, 33., concur.
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Pagan v. Sarasota Cnty. Pub. Hosp. Bd., 884 So. 2d 257 (Fla. 2d DCA 2004)…ed by a sovereignly immune entity is entitled to the benefit of sovereign immunity. See Pub. Health Trust v. Valcin, 507 So. 2d 596, 601 (Fla.1987); White v. Hillsborough County Hosp. Auth., 448 So. 2d 2, 2 (Fla. 2d DCA 1983); Bates v. Sahasranaman, 522 So. 2d 545, 546 (Fla. 4th DCA 1988); Jaar v. Univ. of Miami, 474 So. 2d 239, 244 (Fla. 3d DCA 1985). No facts have been adduced to show that the physicians who practice with First Physicians Group are anything other than employees of First Physicians Group. Th…
Authorities Cited
- Pub. Health Tr. OF Dade Cnty. v. Gregoria Valcin, 507 So. 2d 596 (Fla. 1987)
- Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)
- State v. Knowles, 402 So. 2d 1155 (Fla. 1981)
- White v. Hillsborough Cnty. Hosp. Auth. & John L. Vanderschilden, M.D., 448 So. 2d 2 (Fla. 2d DCA 1983)
- DeROSA v. Shands Teaching Hosp. & Clinics, Inc., 504 So. 2d 1313 (Fla. 1st DCA 1987)
- Bryant v. Duval Cnty. Hosp. Auth., 459 So. 2d 1154 (Fla. 1st DCA 1984)