NME HOSPITALS, INC., A CORPORATION D/B/A SEVEN RIVERS COMMUNITY HOSPITAL, PETITIONER,
v.
DOMINICK AZZARITI AND DOMENICA AZZARITI, HIS WIFE, RESPONDENTS
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Hospital's petition for certiorari is granted because respondents failed to comply with mandatory statutory prerequisites under Florida Statutes sections 766.104 and 766.106 before filing a medical malpractice action, and strict liability theories do not circumvent these requirements.
Compliance with Florida Statutes sections 766.104 and 766.106 is a mandatory condition precedent to maintaining any suit against a health care provider, including those alleging strict or products liability theories.
[1] Compliance with Florida Statutes sections 766.104 and 766.106 is a mandatory condition precedent to maintaining any action against a health care provider, and cannot be c…
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Join FLexlaw to unlock all legal intelligenceRespondents filed a medical malpractice complaint against a hospital without first complying with the mandatory statutory requirements of sections 766…
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PER CURIAM.
The petitioner, the defendant in a pending medical malpractice action, seeks a writ of certiorari to review an order of the circuit court denying its motion to dismiss. The respondents filed their complaint without first complying with the mandatory requirements of sections 766.104 and 766.-106, Florida Statutes (1989). Compliance with the statute is a condition precedent to maintaining a suit against a health care provider, and the parties agree that there was no compliance with the statute. The respondents’ contention that compliance is not required as the suit alleges causes of action based on strict or products liability theories and does not allege medical malpractice is of no avail. A hospital that utilizes an alleged defective product only in the course of its primary function of providing medical services is not subject to an action in strict liability where the professional services could not have been rendered without using the product. North Miami General Hospital v. Goldberg, 520 So. 2d 650 (Fla. 3d DCA 1988).
Accordingly, we find that the circuit court’s order departed from the essential requirements of law. The petition for writ of certiorari is granted, and the case is remanded to the circuit court for proceedings consistent with this opinion.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
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Ronda C. Weinstock, PH.D. v. Groth, 629 So. 2d 835 (Fla. 1993)…herefore, subject to the provisions of the Act. 610 So. 2d at 479. It is clear that the provisions of the Medical Malpractice Reform Act must be met in order to maintain an action against a health care provider. See NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991). Thus, if Dr. Weinstock is a health care provider, Groth’s complaint was properly dismissed. However, as both the trial and district courts below noted, psychologists licensed under chapters 490 and 491, Florida Statutes (1991), a…
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NME Props., Inc. v. McCULLOUGH, 590 So. 2d 439 (Fla. 2d DCA 1991)…ompliance with sections 766.104, 766.106, and 766.203-206. After the trial court denied the motion, East Manor filed this petition for writ of certiorari. Certio-rari is a proper method to test such a nonfinal order. NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991). The plaintiff argues that chapter 766 does not apply to nursing homes or to statutory claims against nursing homes under chapter 400. We agree that a nursing home is not a “health care provider as defined in s. 768.50(2)(b).” §…
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Miami Physical Therapy Assocs., Inc. v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994)…the proper method to test an order denying a motion to dismiss for failure to comply with the presuit notice requirement of section 766.106. NME Properties, Inc. v. McCullough, 590 So. 2d 439, 440 (Fla. 2d DCA 1991); NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991); Pearlstein v. Malunney, 500 So. 2d 585 (Fla. 2d DCA 1986), rev. denied, 511 So. 2d 299 (Fla.1987). The court reasoned in Pearlstein that where a trial court erred in failing to dismiss a medical malpractice complaint for failure…
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- Perez v. State, 520 So. 2d 650 (Fla. 3d DCA 1988)