ROCKY RICCOBONO, APPELLANT,
v.
CORDIS CORPORATION, A FLORIDA CORPORATION, AND DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, D/B/A JACKSON MEMORIAL HOSPITAL, APPELLEES
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Plaintiff's medical malpractice complaint was properly dismissed for failure to comply with Florida's mandatory medical liability mediation panel requirement before filing suit.
A medical malpractice complaint must be dismissed when the plaintiff fails to submit the claim to a medical liability mediation panel as required by Florida Statute Section 768.133 before filing in circuit court.
[1] A medical malpractice complaint must be dismissed when plaintiff fails to submit the claim to a medical liability mediation panel as required by Florida Statute Section 7…
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Join FLexlaw to unlock all legal intelligenceRiccobono was admitted to Jackson Memorial Hospital in September 1973 for a coronary catheterization procedure; during the procedure, the tip of a Cor…
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PER CURIAM.
Plaintiff appeals an order dismissing his complaint in this medical malpractice action.
On September 9, 1975 Rocky Riccobono filed a complaint against Jackson Memorial Hospital and Cordis Corporation alleging that in September 1973 he was admitted to Jackson Memorial Hospital for a coronary catheterization procedure and while the procedure was being performed, the tip of a number 7 French Cordis special left coronary catheter broke off causing injury to him. In response Jackson filed a motion to dismiss for plaintiff’s failure to comply with Section 768.133, Florida Statutes (1975) which requires the submission of a claim of medical malpractice to a medical mediation panel prior to filing a complaint in the circuit court. On December 18, 1975 the trial court entered an order granting the motion to dismiss. The validity of Section 768.133, Florida Statutes (1975) has been upheld by our Supreme Court in Carter v. Sparkman, 335 So. 2d 802 (Fla.1976). This statute clearly provides that prior to filing a malpractice claim in the circuit court, the complainant must submit such claim to a medical liability mediation panel. Plaintiff having failed to submit his claim to a mediation panel, the trial judge was eminently correct in entering the order of dismissal. See Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So. 2d 883 (Fla.3d DCA 1976).
Affirmed.
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Mueller v. N. Broward Hosp. Dist., 380 So. 2d 524 (Fla. 4th DCA 1980)…PER CURIAM. AFFIRMED. See Riccobono v. Cordis Corporation, 341 So. 2d 805 (Fla. 3rd DCA 1977). ANSTEAD, BERANEK and GLICK-STEIN, JJ., concur.…
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Zobac v. Se. Hosp. Dist. OF Palm Beach Cnty., 382 So. 2d 829 (Fla. 4th DCA 1980)…e mechanical failure of equipment used in taking a myelogram. The District Court affirmed the trial court’s dismissal of the complaint for failure to comply with the Medical Mediation Liability Act and based its holding on Riccobono v. Cordis Corp., 341 So. 2d 805 (Fla. 3rd DCA 1977). The latter [*832] case required submission of a claim for negligence arising out of defective hospital equipment (a defective coronary catheter) to medical mediation. In Norton the majority affirmed on authority of Riccobono. Ju…
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Norton v. S. Miami Hosp. Found., Inc., 375 So. 2d 42 (Fla. 3d DCA 1979)…PER CURIAM. Affirmed. See Riccobono v. Cordis Corporation, 341 So. 2d 805 (Fla. 3d DCA 1977).…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
- Carter v. Sparkman, 335 So. 2d 802 (Fla. 1976)
- Mount Sinai Hosp. OF Greater Miami, Inc. v. Wolfson, 327 So. 2d 883 (Fla. 3d DCA 1976)