JOAN HUMPHREYS, PETITIONER,
v.
THE HON. W. HERBERT MORIARTY, ETC., ET AL., RESPONDENTS
JOAN HUMPHREYS, PETITIONER,
THE HON. W. HERBERT MORIARTY, ETC., ET AL., RESPONDENTS
655 So. 2d 1169
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petition for writ of prohibition is denied.
POLEN and SHAHOOD, JJ., concur. WARNER, J., dissents with opinion.
Dissent
WARNER, Judge,
dissenting with opinion.
I would hold that the timeliness of the filing of this complaint for trial de novo under section 718.1255, Florida Statutes (1993), is governed by the Florida Administrative Code, Rule 61B-45.020 (1993)1 and that under the administrative rules this petition is not timely.
. This rule was enacted after Taylor v. Department of Professional Regulation, Board of Medical Examiners, 520 So. 2d 557 (Fla.1988), on which respondents rely.
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Jackson Cnty. Hosp. Corp. v. Aldrich, 835 So. 2d 318 (Fla. 1st DCA 2002)…n a wrongful death case if a plaintiff presents evidence that establishes that the decedent had a fifty-one percent or better chance that death would not have occurred but for the actions or lack thereof of the medical care provider. Rivet v. Perez, 655 So. 2d 1169, 1171 (Fla. 3d DCA 1995). In the instant case, even if competent, substantial evidence existed in the record to support a finding that Cruce improperly intubated and that Dr. Griffin failed to remedy such, appellees failed to present competent, sub…
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Robert Jeffrey Chaskes, D.O. v. Gutierrez, 116 So. 3d 479 (Fla. 3d DCA 2013)…andard is satisfied ... if a plaintiff presents evidence that establishes that the decedent had a fifty-one percent or better chance that death would not have occurred but for the actions or lack thereof of the medical care provider. Rivet v. Perez, 655 So. 2d 1169, 1171 (Fla. 3d DCA 1995).”). Accordingly, a verdict should have been directed in Dr. Chaskes’s favor. No Proximate Causation as to Sandra Saint-Eloi A.R.N.P. As to Nurse Saint-Eloi, we likewise find Gutierrez failed to present sufficient evidence…
Authorities Cited
- Taylor v. Dep't of Prof'l Reg., 520 So. 2d 557 (Fla. 1988)