MARY DOE, INDIVIDUALLY, AND AS GUARDIAN FOR JOHN DOE, A MINOR, APPELLANT,
v.
HCA HEALTH SERVICES OF FLORIDA, INC. D/B/A HCA L.W. BLAKE MEMORIAL HOSPITAL, JOHN PFEILSTICKER, M.D., MANATEE HOSPITALS AND HEALTH SYSTEMS, INC., HOWARD A. GOLDMAN, M.D. AND HOWARD A. GOLDMAN, P.A., APPELLEES
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THREADGILL, Judge.
Mary Doe filed a complaint against the doctors and hospitals that treated her son under the Baker Act,1 alleging false imprisonment, malicious prosecution, negligent hiring and failure to train, assault and battery, misrepresentation, and intentional infliction of emotional distress. Mrs. Doe appeals a final judgment dismissing her action for fail ure to comply with the presuit requirements of chapter 766, Florida Statutes (1991).
We agree with the trial judge that each of the several allegations of the complaint arose out of the rendering of medical care by licensed health care providers subject to the prevailing professional standard of care,2 and compliance with chapter 766 was required. See Weinstock v. Groth, 629 So. 2d 835 (Fla.1993); NME Properties, Inc. v. McCullough, 590 So. 2d 439, 441 (Fla. 2d DCA 1991); Long v. Rothbaum, 68 Md.App. 569, 514 A. 2d 1223 (1986); see also Martinez v. Lifemark Hosp. of Florida, Inc., 608 So. 2d 855 (Fla. 3d DCA 1992).
Affirmed.
RYDER, A.C.J., and PARKER, J., concur. . §§ 394.451-394.4789, Fla.Stat. (1991).
. See § 766.102(1), Fla.Stat. (1991).
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Granville Steven Liles v. P.I.A. Medfield, Inc., 681 So. 2d 711 (Fla. 2d DCA 1995)…doctor is premised on their alleged failure to comply with the involuntary commitment provisions of the Baker Act, chapter 394, Florida Statutes (1989), In dismissing the case, the circuit court relied on Doe v. HCA Health Services of Florida, Inc., 640 So. 2d 1177 (Fla. 2d DCA 1994). The Doe opinion states, in pertinent part, “that each of the several allegations of the complaint arose out of the rendering of medical care by licensed health care providers subject to the prevailing professional standard of car…
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O'Shea v. Dr. Reginald Phillips, M.D., 746 So. 2d 1105 (Fla. 4th DCA 1999)…out of the rendering of medical care or services. See Paulk v. National Med. Enters., Inc., 679 So. 2d 1289 (Fla. 4th DCA 1996); Doe v. Young, 656 So. 2d 569, 571 (Fla. 5th DCA 1995) (Cobb, J., concurring); Doe v. HCA Health Servs. of Florida, Inc., 640 So. 2d 1177 (Fla. 2d DCA 1994); Martinez v. Lifemark Hosp. of Florida, Inc., 608 So. 2d 855 (Fla. 3d DCA 1992). In deciding the central issue of this case — i.e., whether a claim of sexual misconduct by a health care provider is included within the provisions o…
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Cheree M. Robinson v. W. Fla. Reg'l Med. Ctr., 675 So. 2d 226 (Fla. 1st DCA 1996)…this sparse record, we cannot say with certainty that the claim arises “out of the rendering of medical care by licensed health care providers subject to the prevailing professional standard of care.” See Doe v. HCA Health Services of Florida, Inc., 640 So. 2d 1177 (Fla. 2d DCA 1994). “If there is doubt as to the applicability of such a statute [of limitations], the question is generally resolved in favor of the claimant.” J.B. v. Sacred Heart Hospital, 635 So. 2d 945 (Fla. 1994). That conduct occurs in a medi…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ronda C. Weinstock, PH.D. v. Groth, 629 So. 2d 835 (Fla. 1993)
- NME Props., Inc. v. McCULLOUGH, 590 So. 2d 439 (Fla. 2d DCA 1991)
- Gallagher v. Pittsburgh Corning Corp., 608 So. 2d 855 (Fla. 3d DCA 1992)
- Aurelio Martinez and Paula Martinez v. Lifemark Hosp. OF Fla., Inc., 608 So. 2d 855 (Fla. 3d DCA 1992)