PALM SPRINGS GENERAL HOSPITAL, INC., PETITIONER,
v.
MADELLYN PEREZ, RESPONDENT
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PER CURIAM.
This is a petition for a writ of certiorari filed by the defendant Palm Springs Hospital seeking review of a trial court order denying the defendant’s motion to dismiss the action below for failure to comply with the medical malpractice screening requirements of Sections 766.104(1), 766.203(2), 766.106(2), Florida Statutes (1993). The action below seeks to hold the defendant liable for negligently placing the plaintiff Madellyn Perez, a hospital patient of the defendant, in a room with another patient who thereafter committed a homosexual attack on the plaintiff. We deny the subject petition based on a holding that the action below sounds in common law negligence, not medical malpractice, as it is, in effect, a premises liability case arising out of a criminal attack by a third party; consequently, the plaintiff was under no statutory obligation to comply with the above medical malpractice screening requirements which are only applicable, unlike this case, to medical malpractice actions. See J.B. v. Sacred Heart Hosp., 635 So. 2d 945 (Fla.1994); Silva v. Southwest Fla. Blood Bank, Inc., 601 So. 2d 1184 (Fla.1992).
Certiorari denied.
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Tongala Lynn v. Mount Sinai Med. Ctr., Inc., 692 So. 2d 1002 (Fla. 3d DCA 1997)…ospital’s agreement with the county. Consequently, as no professional skill or judgment was performed by Mt. Sinai, the collection of the urine sample was not a medical service as defined by the statute. See Palm Springs Gen. Hosp., Inc., v. Perez, 661 So. 2d 1222 (Fla. 3d DCA 1995), rev. denied, 670 So. 2d 939 (Fla.1996)(statutorily mandated pre-suit administrative procedures not necessary to sue hospital for negligence or intentional torts when wrongful conduct is not medical malpractice). Therefore, the li…
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Joseph v. Univ. Behavioral LLC, 71 So. 3d 913 (Fla. 5th DCA 2011)…ordinary negligence. 948 So. 2d at 890. The court found that the respondent did not challenge any medical diagnosis or decision that required professional skill or judgment. Id. at 891. Additionally, in Palm Springs General Hospital, Inc. v. Perez, 661 So. 2d 1222, 1223 (Fla. 3d DCA 1995), the Third District denied a hospital’s petition for writ of certiorari after ■finding that negligently placing the plaintiff, a patient of the hospital, in a room with another patient, who committed a homosexual attack on t…
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Paulk v. Nat'l Med. Enters. Inc., 679 So. 2d 1289 (Fla. 4th DCA 1996)…herefore, no purpose is served by conducting pre-suit investigations and screening procedures. Not every wrongful act by a medical professional constitutes malpractice requiring application of section 766.106, Palm Springs Gen. Hosp., Inc. v. Perez, 661 So. 2d 1222 (Fla. 3d DCA 1996), rev. denied, 670 So. 2d 939 (Fla. Feb. 23, 1996); J.B. v. Sacred Heart Hosp. of Pensacola, 635 So. 2d 945 (Fla.1994); Liles v. P.I.A. Medfield, Inc., 681 So. 2d 711 (Fla. 2d DCA 1995), or other statutes pertaining to medical malp…
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- Silva v. Sw. Fla. Blood Bank, Inc., 601 So. 2d 1184 (Fla. 1992)
- J.B. v. Sacred Heart Hosp. OF Pensacola, 635 So. 2d 945 (Fla. 1994)