HARVEY L. CHESTER, APPELLANT,
v.
KEYS HOSPITAL FOUNDATION, INC., ETC., ET AL., APPELLEES
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A general release given to the original tortfeasor (the Legion) does not bar a medical malpractice claim against the hospital and physicians when genuine issues exist regarding whether the plaintiff received full compensation and whether the parties intended to discharge the alleged malpractitioners.
A general release to an original tortfeasor does not operate as a bar to a subsequent medical malpractice action against healthcare providers absent clear evidence that the plaintiff received full compensation and that the parties intended to discharge those providers.
[1] A general release to an original tortfeasor does not bar a medical malpractice claim against healthcare providers when genuine issues exist as to whether the plaintiff re…
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Join FLexlaw to unlock all legal intelligenceThe plaintiff was severely injured in a fall on American Legion premises and subsequently received treatment from a hospital and physicians, to whom h…
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PER CURIAM.
The plaintiff was severely injured in a fall on American Legion premises. In the present action he alleged that the hospital and his physicians had been guilty of malpractice in the course of his ensuing treatment. The trial judge entered the summary judgment now under review in favor of the hospital and physicians on the basis of a general release given the original tortfeasor, the Legion. See Stuart v. Hertz Corp., 351 So. 2d 703 (Fla.1977); McCutcheon v. Hertz Corp., 463 So. 2d 1226 (Fla. 4th DCA 1985), review denied, 476 So. 2d 674 (Fla.1985).
We reverse because of the existence of what were at least genuine issues as to whether the plaintiff received full compensation from the Legion, see Williams v. Arai Hirotake, Ltd., 931 F. 2d 755 (11th Cir.1991), and whether the parties to that release intended to effect a discharge of the alleged malpractitioners. See Williams, 931 F. 2d at 759; Colonial Penn Ins. Co. v. Robertson, 591 So. 2d 273 (Fla. 4th DCA 1991), review denied, 599 So. 2d 654 (Fla.1992); Milford v. Metropolitan Dade County, 430 So. 2d 951 (Fla. 3d DCA 1983), review denied, 440 So. 2d 352 (Fla.1983); Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1978), cert. denied, 375 So. 2d 911 (Fla.1979).
Reversed.
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Authorities Cited
- Frank M. Stuart, M.D., P.A. v. The HERTZ Corp., 351 So. 2d 703 (Fla. 1977)
- Alexander v. Kirkham, 365 So. 2d 1038 (Fla. 3d DCA 1978)
- McCUTCHEON v. The HERTZ Corp., 463 So. 2d 1226 (Fla. 4th DCA 1985)
- Milford v. Metro. Dade Cnty., 430 So. 2d 951 (Fla. 3d DCA 1983)
- Williams v. Arai Hirotake, Ltd., 931 F.2d 755 (11th Cir. 1991)
- Colonial Penn Ins. Co. v. Robertson, 591 So. 2d 273 (Fla. 4th DCA 1991)