LAKE SHORE HOSPITAL, INC., A SUBSIDIARY OF SANTAFE HEALTHCARE, INC., PETITIONER,
v.
BETTY CLARKE AND CHARLES CLARKE, WIFE AND HUSBAND, RESPONDENTS
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The court denied a hospital's petition for a writ of certiorari, upholding a lower court's decision to deny the hospital's motion to dismiss a patient's negligence lawsuit. The hospital argued the lawsuit failed to meet pre-suit requirements for medical negligence, but the court found the patient's claim was a general negligence "slip and fall" case, not medical malpractice.
No, the pre-suit requirements for medical negligence claims do not apply to general negligence actions, such as a "slip and fall" incident, even if it occurs on the premises of a medical care provider.
[1] The pre-suit requirements for medical negligence actions do not apply to general negligence claims, such as slip and fall incidents, occurring on the premises of a medica…
[2] A complaint alleging a slip and fall on a medical facility's premises does not trigger statutory pre-suit notice requirements if it does not state a cause of action for m…
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Join FLexlaw to unlock all legal intelligence“Because the allegations of the complaint do not seek to state a cause of action for medical negligence under section 766.102, we agree with the trial court that the complaint does not provide a basis to apply the presuit conditions of section 766.106.”
Establishes the court's reasoning for why the pre-suit requirements for medical negligence do not apply to the patient's claim.
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Join FLexlaw to unlock all legal intelligenceRespondents, the Clarkes, filed a negligence action against Petitioner, Lake Shore Hospital, Inc., for injuries Mrs. Clarke sustained from a fall whil…
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PER CURIAM.
Lake Shore Hospital, Inc., petitions for a writ of certiorari seeking to review an order denying its motion to dismiss the complaint of Betsy Clarke and Charles Clarke, respondents, for failure to follow the pre-suit requirements of section 766.106, Florida Statutes (1997), before proceeding with this lawsuit. The Clarkes’ negligence action sought to recover damages for injuries suffered by Mrs. Clarke while a patient in Lake Shore Hospital when she fell as she walked from her hospital bed to the bathroom. Because the allegations of the complaint do not seek to state a cause of action for medical negligence under section 766.102, we agree with the trial court that the complaint does not provide a basis to apply the presuit conditions of section 766.106. See Robinson v. W, Fla. Regional Med. Ctr., 675 So. 2d 226, 228 (Fla. 1st DCA 1996)(“That conduct occurs in a medical setting does not necessarily mean it involves medical malpractice.”); Liles v. P.I.A. Medfield, Inc., 681 So. 2d 711, 712 (Fla. 2d DCA 1995)(“The test for determining whether a defendant is entitled to the benefit of the presuit screening requirements of section 766.106 ... is whether the defendant is ... liable under the medical negligence standard of care set forth in section 766.102(1).”); Feifer v. Galen of Florida, Inc., 685 So. 2d 882, 885 (Fla. 2d DCA 1996)(presuit requirements of chapter 766 do not apply to “slip and fall” negligence action arising on premises of medical care provider).
We distinguish the case relied upon the appellant, Neilinger v. Baptist Hosp. of Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984).
As we explained in Broadway v. Bay Hosp., Inc., 638 So. 2d 176, 177 (Fla. 1st DCA 1994), the complaint in Neil-inger alleged that the plaintiff therein, a maternity patient, “slipped and fell on a pool of amniotic fluid while descending from an examination table under the direction and care of employees of the hospital” and hence, the complaint in Neilinger, “on its face alleged breach of a professional standard of care.”
Appellant has failed to demonstrate that the lower court acted without, or in excess of, its jurisdiction, or that the order under consideration departs from the essential requirements of law causing material injury. See Shands Teaching Hosp. and Clinics, Inc. v. Barber, 638 So. 2d 570, 571 (Fla. 1st DCA 1994). Accordingly, we deny the petition.
JOANOS, LAWRENCE AND VAN NORTWICK, JJ., CONCUR.
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Citator
Cited By (13 total)
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Lynn R. Fassy, M.D., & Pain Med. Assocs., P.A. v. Crowley, 884 So. 2d 359 (Fla. 2d DCA 2004)…gligence of a health care provider. See, e.g., Tenet St. Mary’s, 869 So. 2d 729 (holding no chapter 766 presuit requirements for suit alleging simple negligence in postdialysis injury to patient’s foot by employee); Lake Shore Hosp., Inc. v. Clarke, 768 So. 2d 1251, 1252 (Fla. 1st DCA 2000) (holding presuit requirements inapplicable in hospital slip-and-fall negli [*365] gence action where plaintiff did not seek to state medical negligence claim). The second type of case in which a plaintiff need not comply w…
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Shawanni Mobley v. Gilbert E. Hirschberg, P.A., 915 So. 2d 217 (Fla. 4th DCA 2005)…4)); § 766.106(1)(a), Fla. Stat. (2004). Claims of simple negligence or intentional torts which do not involve the provision of medical care or services do not require compliance with Chapter 766 presuit requirements. See Lake Shore Hosp. v. Clarke, 768 So. 2d 1251 (Fla. 1st DCA 2000) (court held that patient’s negligence claim arising from a slip and fall between her hospital bed and bathroom was not a cause of action for medical negligence subject to presuit requirements); Garcia v. Psychiatric Insts. of Am.…
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Integrated Health Care Servs., Inc. v. Lang-Redway, 840 So. 2d 974 (Fla. 2002)…onditions if it seeks to make a defendant vicariously liable for the actions of a health care provider under the medical negligence standard of care set forth in section 766.102(1). See Weinstock, 629 So. 2d at 838; Lake Shore Hosp., Inc. v. Clarke, 768 So. 2d 1251 (Fla. 1st DCA 2000). This complaint does not seek vicarious liability for the actions of a health care provider under a medical negligence standard. The defendants’ arguments in this case are based, in part, upon a misunderstanding of dicta contain…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.S. v. State, 460 So. 2d 564 (Fla. 3d DCA 1984)
- Granville Steven Liles v. P.I.A. Medfield, Inc., 681 So. 2d 711 (Fla. 2d DCA 1995)
- Shands Teaching Hosp. & Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994)
- Vickie Broadway and husband Michael E. Broadway v. BAY Hosp., Inc., 638 So. 2d 176 (Fla. 1st DCA 1994)
- Edwardo Wong v. State, 685 So. 2d 882 (Fla. 2d DCA 1996)
- Jarrett v. State, 675 So. 2d 226 (Fla. 5th DCA 1996)
- Cheree M. Robinson v. W. Fla. Reg'l Med. Ctr., 675 So. 2d 226 (Fla. 1st DCA 1996)