CAROL ANN BARBER, BY AND THROUGH HER FATHER AND NEXT FRIEND, FRANKLIN BARBER AND FRANKLIN BARBER, APPELLANTS,
v.
NORTH SHORE HOSPITAL, INC., A FLORIDA CORPORATION, APPELLEE
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A medical malpractice case involving a minor child's treatment at a hospital. The Florida District Court of Appeal affirmed summary judgment for the hospital, holding that the plaintiffs failed to demonstrate a breach of the community standard of care or a negligent failure to diagnose.
The court held that the plaintiffs failed to demonstrate any departure from the community standard of care in the hospital's treatment of the minor plaintiff, and therefore had no cause of action for negligence. The hospital was not negligent in failing to diagnose the infectious condition because the symptoms would not have been apparent during the child's hospitalization.
“Failing to demonstrate a breach of the normal standard of care in the community, the plaintiffs are without a cause of action against the hospital.”
Establishes the legal standard for medical malpractice liability—plaintiff must prove departure from community standard of care
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Join FLexlaw to unlock all legal intelligenceCarol Ann Barber, a minor, was a patient at North Shore Hospital. The parents alleged the hospital failed to observe the standard of care in operating…
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In accordance with the opinion by the Supreme Court of Florida in North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So.2d 849, reversing this court’s opinion rendered in Barber v. North Shore Hospital, Inc., Fla.App.1961, 133 So.2d 339, and referring the matter for further consideration on the propriety of the entry of the summary judgment [which had not heretofore been determined in the original appearance of this case in this court], the matter was set for further argument on this point.
The plaintiffs’ complaint is based on two alleged causes of action against the defendant hospital. First, that the hospital failed to observe the standard of care of the community in the operation of its nursery and thereby breached a duty owed the minor plaintiff when it accepted her as a patient. And, second, that the hospital was responsible for a failure to diagnose an infectious condition of the minor plaintiff at the time of her discharge. Following argument and consideration of the briefs and the record before the trial judge at the time he entered the summary judgment, it appears that the record fails to demonstrate any departure from the standard of care generally found in the community on the part of the hospital in the caring of the minor plaintiff. Failing to demonstrate a breach of the normal standard of care in the community, the plaintiffs are without a cause of action against the hospital. See: Sprick v. North Shore Hospital, Incorporated, Fla.App.1960, 121 So.2d 682. The hospital was not negligent in any failure to diagnose the infectious condition of the minor plaintiff, as plaintiffs’ own expert witness clearly indicated that the symptoms of the infection would not have been apparent during the time that the child was within the confines of the hospital. Therefore, for the reasons stated, the summary judgment is hereby affirmed.
Affirmed.
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Quality Elec. Serv., Inc. v. Seymour Elec. Supply Co., Inc., 487 So. 2d 80 (Fla. 1st DCA 1986)…he turned the complaint over to the administrative offices of the hospital. Subsequently, the administrative office misplaced the complaint. North Shore Hospital, Inc. v. Barber, 143 So. 2d 849, 850 (Fla.1962), conformed to 144 So. 2d 877, on remand 145 So. 2d 760. In light of the circumstances which were set out in appellant’s affidavit, we feel that Quality established both mistake and excusable neglect and that the default and final judgment should be set aside. We find the trial court grossly abused its…
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Cynthia Karl as natural mother of Jeffrey Allen Groves v. Dade Cnty., 164 So. 2d 843 (Fla. 3d DCA 1964)…the hospital. 3 Accordingly the judgment appealed is affirmed. Affirmed. . Karl v. State, Fla.App.1962, 144 So. 2d 869. . Food Fair Stores of Florida, Inc. v. Patty, Fla.1959, 109 So. 2d 5. . Barber v. North Shore Hospital, Inc., Fla.App.1962, 145 So. 2d 760.…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Sprick v. N. Shore Hosp., 121 So. 2d 682 (Fla. 3d DCA 1960)
- Barber v. N. Shore Hosp., Inc., 133 So. 2d 339 (Fla. 3d DCA 1961)