MRS. KATHY M. FLETCHER, WIDOW OF PAUL C. FLETCHER, DECEASED, APPELLANT,
v.
L. L. DOZIER, JR., M.D., AND HARTFORD INSURANCE COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case addresses whether a plaintiff's claim for wrongful death resulting from medical malpractice is barred by Florida's two-year statute of limitations. The court affirmed the trial court's judgment on the pleadings, holding that the statute begins to run on the date of death and that the defendant's knowledge of the claimant's intent to sue does not waive the limitations defense.
The court held that the two-year statute of limitations for wrongful death actions under F.S. 95.11(6) applies to medical malpractice cases, with the cause of action accruing on the date of death. The court further held that a defendant is not estopped from asserting the statute of limitations defense merely by knowing that a claimant anticipates suit or by engaging in settlement negotiations, absent fraud, misrepresentation, or an express or implied waiver.
[1] The statute of limitations for wrongful death actions, including those arising from medical malpractice, is two years from the date of death.
[2] The statute of limitations for personal injury actions arising from medical malpractice accrues when the plaintiff discovers, or should have discovered, the injury.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The statute of limitations applicable to an action arising upon account of an act causing a wrongful death, including such deaths resulting from medical malpractice, is F.S. 95.11(6), which provides for a period of two years. The cause of action accrues and the statute commences to run on the date of such death.”
Establishes the two-year statute of limitations for wrongful death medical malpractice claims and when it begins to run
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePaul C. Fletcher died on November 17, 1971. His widow, Kathy M. Fletcher, brought a wrongful death action against Dr. L. L. Dozier, Jr., asserting med…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Defenses cases and more on FLexlaw
BOYER, Acting Chief Judge.
By this appeal appellant seeks review of an order of the trial court granting defendants’ (appellees here) motion for judgment on the pleadings.
The real issue relates to the statutes of limitations applicable to an alleged wrongful death resulting from medical malpractice, the decedent having died on November 17, 1971. (We stress the date because at the time this opinion is being written the legislature is in session and is considering an extensive revision of many statutes relating to medical malpractice.)
The statute of limitations applicable to an action arising upon account of an act causing a wrongful death, including such deaths resulting from medical malpractice, is F.S. 95.11(6), which provides for a period of two years. The cause of action accrues and the statute commences' to run on the date of such death. (See 9A Fla.Jur., Limitations of Action, Sec. 26; annotation in 97 ALR 2d 1151; and annotation in 80 ALR 2d 320) The same statute (and same time period) is applicable to actions to recover damages for injuries to the person arising from medical malpractice. However, in injury cases (which are not cases arising on account of wrongful death) the cause of action does not accrue until the plaintiff discovers, or through use of reasonable care should have discovered, the injury. (F.S. 95.11(6))
The affirmative defense of the expiration of a statute of limitations is not waived, nor is a defendant estopped from asserting same, merely by an accused or his attorney knowing that a claimant is anticipating suit nor by mere negotiations between the parties. An accused (potential defendant) is under no duty to remind a claimant that the statute of limitations is running. There may, of course, be situations in which such an accused may be held to have waived, or to be estopped from asserting, such defense: For instance, should it be made to appear that the claimant delayed commencement of suit as a result of representations by the defendant that the claim would be settled or that an agreed settlement would be paid on some reasonable future contingency, or by recognition of validity of the claim and a promise to pay it. Fraud, misrepresentations and actual waivers (express or implied) may also render inapplicable a statute of limitations.
Appellant having failed to demonstrate error, the judgment on the pleadings here appealed is
Affirmed.
MILLS, J., and TENCH, BENJAMIN M., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
-
ASH v. Stella, 457 So. 2d 1377 (Fla. 1984)…975. See Ch. 75-9, Laws of Fla. Before that time the statute of limitations governing malpractice suits did not apply to wrongful death actions. See e.g., St. Francis Hospital Inc. v. Thompson, 159 Fla. 453, 31 So. 2d 710 (1947); Fletcher v. Dozier, 314 So. 2d 241 (Fla. 1st DCA 1975). However, by defining an “action for medical malpractice” to include a claim in tort for damages because of death, the legislature clearly intended this section to apply to wrongful death actions in cases where the basis for the…
-
Olivene G. Glass v. Camara, 369 So. 2d 625 (Fla. 1st DCA 1979)…o-year limitation period on a wrongful death action for medical malpractice runs from the date of death although in case of injury only the period does not begin until plaintiff discovers or reasonably should discover the injury. Fletcher v. Dozier, 314 So. 2d 241 (Fla. 1st DCA 1975). Fletcher’s construction of Section 95.11(6), Florida Statutes (1973), was hinged to that statute’s clear distinction between actions for wrongful death and actions for “injuries to the person.” An amendment to Section 95.11(4)…
-
City OF Brooksville v. Hernando Cnty., 424 So. 2d 846 (Fla. 5th DCA 1982)…on some reasonable future contingency, or by recognition of validity of the claim and a promise to pay it. Fraud, misrepresentations and actual waivers (express or implied) may also render inapplicable a statute of limitations. Fletcher v. Dozier, 314 So. 2d 241, 242 (Fla. 1st DCA 1975). . The motion reads: COME NOW the Plaintiffs, WILLIAM HOWARD WEEKS and ICILDA M. WEEKS, his wife, by and through their undersigned [*849] attorney, and pursuant to Florida Rule of Civil Procedure, move that this Court ente…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence