MARGARET BAKER AND WILLIAM BAKER, HER HUSBAND, BOTH INDIVIDUALLY AND AS THE PARENTS AND NATURAL GUARDIANS OF WILLIAM PATRICK BAKER, A MINOR, APPELLANTS,
v.
TENET HEALTHSYSTEM HOSPITALS INC., D/B/A PALMS OF PASADENA HOSPITAL, APPELLEE
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The Bakers appealed the dismissal of count XI of their medical malpractice complaint against Palms of Pasadena Hospital. Count XI alleged two theories of liability: negligent credentialing of an incompetent physician and failure to ensure physicians' financial responsibility. The court affirmed dismissal of the credentialing claim but reversed and remanded the financial responsibility claim, holding that Florida law imposes a statutory duty on hospitals to assure physicians' financial responsibility.
The court affirmed dismissal of the negligent credentialing claim but reversed and remanded dismissal of the financial responsibility claim. Section 458.320(2)(b), Florida Statutes, imposes a statutory duty on hospitals to assure the financial responsibility of staff-privileged physicians. However, the cause of action for breach of this duty does not accrue until the Bakers establish liability on the part of the staff physicians, making the claim premature rather than facially deficient.
[1] A hospital has a statutory duty to assure the financial responsibility of its staff-privileged physicians who use the hospital for medical treatment and procedures.
[2] A cause of action against a hospital for failing to assure the financial responsibility of its staff physicians does not accrue until liability is established on the part…
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Join FLexlaw to unlock all legal intelligence“Section 458.320(2)(b), Florida Statutes (1997), mandates financial responsibility as a condition of a physician's ability to maintain staff privileges at a hospital. This section likewise imposes a statutory duty on a hospital to assure the financial responsibility of its staff-privileged physicians who use the hospital for medical treatment and procedures.”
Establishes that hospitals have a statutory duty to ensure physicians' financial responsibility as a condition of staff privileges
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Join FLexlaw to unlock all legal intelligenceMargaret Baker underwent surgery on her left leg and knee performed by Dr. Ronald Hayter at Palms of Pasadena Hospital, where Dr. Hayter held medical …
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STRINGER, Judge.
Margaret and William Baker (the Bakers) filed a personal injury action alleging that Margaret’s left leg and knee were operated on by Dr. Ronald Hayter at Palms of Pasadena Hospital (Palms), where Dr. Hayter has medical staff privileges. The Bakers further allege that Dr. Hayter negligently performed the surgery resulting in injury to Margaret and that the injury was further aggravated by a subsequent negligent surgical attempt by Dr. Hayter and a Dr. Huff to correct the damage caused by the first surgery.
The Bakers appeal the dismissal with prejudice of count XI of their complaint. The trial court dismissed count XI on the ground that it failed to state a cause of action. Count XI of the Bakers’ complaint alleges two distinct theories of liability against appellee, Tenet Healthsystem Hospitals d/b/a Palms of Pasadena Hospital. First, the Bakers allege that Palms was directly negligent in granting staff privileges to an allegedly incompetent physician. Secondly, the Bakers allege that both Drs. Hayter and Huff had inadequate medical malpractice insurance and that Palms was negligent in failing to assure their financial responsibility.
As to the dismissal with prejudice of the portion of count XI alleging liability on the part of Palms for negligently granting staff privileges to allegedly incompetent physicians, we affirm without further discussion. However, as to the dismissal of the portion of count XI that alleges liability on the part of Palms for failing to assure the financial responsibility of Drs. Hayter and Huff, we affirm but remand for entry of an order indicating that the dismissal is without prejudice.
Section 458.320(2)(b), Florida Statutes (1997), mandates financial responsibility as a condition of a physician’s ability to maintain staff privileges at a hospital. This section likewise imposes a statutory duty on a hospital to assure the financial responsibility of its staff-privileged physicians who use the hospital for medical treatment and procedures. See Robert v. Paschall, 767 So. 2d 1227 (Fla. 5th DCA 2000).1 Thus, count XI does state a cause of action against the hospital under section 458.320(2)(b). However, the cause of action will not accrue until the Bakers establish liability on the part of the staff physicians, and therefore it was brought prematurely. On remand, the trial court is directed to enter an order of dismissal, without prejudice.
Affirmed in part, reversed in part and remanded with directions.
THREADGILL, A.C.J., and WHATLEY, JJ., concur. . We note that at the time the order of dismissal was entered by the trial court, Florida courts rejected the theory that a hospital could be liable for its negligent employment of a financially incompetent physician. See Beam v. University Hospital Building, Inc., 486 So. 2d 672 (Fla. 1st DCA 1986). Robert was decided subsequent to the ruling in this case.
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Horowitz v. Plantation Gen. Hosp. Ltd. P'ship, 959 So. 2d 176 (Fla. 2007)…to impose civil liability on hospitals anywhere in the statutory scheme. See id. at 488. This decision expressly and [*178] directly conflicts with Robert v. Paschall, 767 So. 2d 1227 (Fla. 5th DCA 2000), Baker v. Tenet Healthsystem Hospitals, Inc., 780 So. 2d 170 (Fla. 2d DCA 2001), and Mercy Hospital, Inc. v. Baumgardner, 870 So. 2d 130 (Fla. 3d DCA 2003), all of which recognized a statutory cause of action based on section 458.320. We accepted jurisdiction to resolve this conflict. See art. V, § 3(b)(3), F…
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Shuck v. Bank OF Am., N.A., 862 So. 2d 20 (Fla. 2d DCA 2003)…n without prejudice instead of with prejudice. This practice is in accord with the recent decisions of this court and other district courts of appeal. See Jost, 844 So. 2d at 658; Brocato, 811 So. 2d at 829; Baker v. Tenet Healthsystem Hosps., Inc., 780 So. 2d 170, 171-72 (Fla. 2d DCA 2001); Wright v. Life Ins. Co. of Ga., 762 So. 2d 992, 993 (Fla. 4th DCA 2000); Liberty Mut. Ins. Co. v. Farm, Inc., 754 So. 2d 865, 866 (Fla. 3d DCA 2000); Dimick-Russell v. Frankel, 734 So. 2d 486 (Fla. 5th DCA 1999). The dism…
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Plantation Gen. Hosp. Ltd. P'ship v. Horowitz, 895 So. 2d 484 (Fla. 4th DCA 2005)…n narrowed as a result of the stipulation of the parties as to the operative facts. The parties had reduced the issue to whether the holdings in Robert v. Paschall, 767 So. 2d 1227 (Fla. 5th DCA 2000), and Baker v. Tenet Healthsystem Hospitals Inc., 780 So. 2d 170 (Fla. 2d DCA 2001), would apply to this case, where the underlying malpractice occurred in the physician’s office rather than the hospital. In response to the motion for rehearing and clarification, defendant states that if this court should permit…1 / 2
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
- Dennie G. Beam and Martharay Beam v. Univ. Hosp. Bldg., Inc., 486 So. 2d 672 (Fla. 1st DCA 1986)
- Gino B. Vonia v. State, 767 So. 2d 1227 (Fla. 2d DCA 2000)
- Robert v. Homer A. Paschall, M.D., 767 So. 2d 1227 (Fla. 5th DCA 2000)