STACY PRICE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BARRY PRICE, DECEASED, FOR AND ON BEHALF OF CLAIMANTS/SURVIVORS, THE ESTATE OF BARRY PRICE, STACY PRICE, PAUL PRICE, ELAINE GADRICH, ROBYN PRICE AND LORI DRENNAN, APPELLANTS,
v.
JFK MEDICAL CENTER, INC., A FLORIDA CORPORATION, APPELLEE
STACY PRICE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BARRY PRICE, DECEASED, FOR AND ON BEHALF OF CLAIMANTS/SURVIVORS, THE ESTATE OF BARRY PRICE, STACY PRICE, PAUL PRICE, ELAINE GADRICH, ROBYN PRICE AND LORI DRENNAN, APPELLANTS,
JFK MEDICAL CENTER, INC., A FLORIDA CORPORATION, APPELLEE
595 So. 2d 202
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In this medical negligence and wrongful death action, the trial court found as a matter of law that the allegedly negligent anesthesiologist was an independent contractor, not an agent or employee of the defendant hospital. We reverse the summary judgment entered in favor of JFK Medical Center because the relationship between hospital and doctor, as here, is often unclear and raises a question for the jury. Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla.1987); see also Garcia v. Tarrio, 380 So. 2d 1068 (Fla. 3d DCA 1980).
REVERSED AND REMANDED for further proceedings consistent herewith.
HERSEY, GUNTHER and FARMER, JJ., concur.
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King v. Baptist Hosp. OF Miami, Inc., 87 So. 3d 39 (Fla. 3d DCA 2012)…de the scope of the contract as well. All of this is evidence of a legal relationship, and at a minimum, raises a question of fact for the jury as to whether Dr. Thompson only had staff privileges or was something more. Price v. JFK Med. Ctr., Inc., 595 So. 2d 202, 203 (Fla. 4th DCA 1992) (“[T]he relationship between hospital and doctor ... is often unclear and raises a question for the jury.”). Accordingly, dismissal of the case was premature because presuit notice to Dr. Thompson was sufficient to impute n…
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Rhiner v. Takashi Koyama, 327 So. 3d 314 (Fla. 4th DCA 2021)…ion for release of medical records form “are matters beyond the four corners of the complaint [that] require the submission of evidence not cognizable upon a motion to dismiss.” Williams, 191 So. 3d at 928; see also Price v. JFK Med. Ctr., Inc., 595 So. 2d 202, 203 (Fla. 4th DCA 1992) (“[T]he relationship between hospital and doctor . . . is often unclear and raises a question for the jury.”). Conclusion The allegations in the underlying complaint, if treated as being true, were sufficient to wit…
Authorities Cited
- Pub. Health Tr. OF Dade Cnty. v. Gregoria Valcin, 507 So. 2d 596 (Fla. 1987)
- Agustin Garcia v. Adelina Tarrio and Rigoberto Tarrio, 380 So. 2d 1068 (Fla. 3d DCA 1980)