GERALD COAXUM, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence, 35 So. 3d 666 (Fla. 2010)
  …ansfer the obligation to perform those services to an independent contractor and remains responsible for the negligence of [his] [her] independent contractor.] As to nondelegable duties for treatment, see Wax v. Tenet Health System Hospitals, Inc., 955 So. 2d 1 (Fla. 4th DCA 2006); Pope v. Winter Park Healthcare Group, 939 So. 2d 185 (Fla. 5th DCA 2006); Shands Teaching Hospital Clinic, Inc. v. Juliana, 863 So. 2d 343 (Fla. 1st DCA 2003); Irving v. Doctors Hospital of Lake Worth, Inc., 415 So. 2d 55 (Fla.…
• Tarpon Springs Hosp. Found., Inc. v. Reth, 40 So. 3d 823 (Fla. 2d DCA 2010)
  …surgical patients. Thus, we reverse the denial of the Hospital’s motion for directed verdict and remand for the trial court to enter judgment in the Hospital’s favor. In doing so, we certify conflict with Wax v. Tenet Health System Hospitals, Inc., 955 So. 2d 1 (Fla. 4th DCA 2006), to the extent that it determined a hospital has a nondelegable statutory duty to provide nonnegligent anesthesia services to patients. We affirm [*825] the trial court’s grant of a new trial as to the other defendants and remand…

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• Staria T. Newbold-Ferguson v. Amisub (North Ridge Hospital), Inc., 85 So. 3d 502 (Fla. 4th DCA 2012)
  …ract. Id. at 187-88. For example, we held that a hospital had a non-delegable duty to provide competent anesthesia services where there was both a contractual and a statutory basis for imposing such a duty. See Wax v. Tenet Health Sys. Hosps., Inc., 955 So. 2d 1, 11 (Fla. 4th DCA 2006); but see Tarpon Springs Hosp. Found., Inc. v. Reth, 40 So. 3d 823, 829 (Fla. 2d DCA 2010) (certifying conflict with Wax to the extent that it determined a hospital has a non-delegable duty to provide non-negligent anesthesia…

Authorities Cited

• Oehling v. State, 659 So. 2d 1226 (Fla. 5th DCA 1995)
• Newton v. State, 527 So. 2d 876 (Fla. 2d DCA 1988)
• Peffley v. State, 766 So. 2d 418 (Fla. 4th DCA 2000)
• Schnepel v. Gouty, 766 So. 2d 418 (Fla. 1st DCA 2000)