ROOSEVELT GREEN, PETITIONER,
v.
BROWARD GENERAL MEDICAL CENTER AND DR. C. L. REID, RESPONDENTS
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A Florida appellate court held that a medical mediation panel's jurisdiction terminates if no hearing is held within six months of filing unless an order extending the deadline is entered within that period. The court granted certiorari and quashed an order extending the panel's jurisdiction beyond the six-month statutory limit.
The court held that strict compliance with Chapter 768's statutory provisions is required because the medical mediation procedure is in derogation of common law and an impediment to constitutional access to courts. Since no hearing was held within six months as mandated by Section 768.44(3), the petitioner is entitled to pursue his cause of action in circuit court. The order extending the panel's jurisdiction beyond six months was improper.
[1] Strict compliance with statutory provisions is required for medical mediation procedures that are in derogation of the common law and impede access to the courts.
[2] A medical mediation panel's jurisdiction terminates if a hearing is not held within six months of the claim's filing date, absent a timely extension order.
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Join FLexlaw to unlock all legal intelligence“Since the medical mediation procedure enacted by Part II, Chapter 768 is in derogation of the common law, and is an impediment to the constitutional guarantee of access to the courts of this state, strict compliance with the statutory provisions of Chapter 768 is required.”
Establishes the fundamental principle that statutes restricting court access must be strictly construed and compliance strictly enforced.
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Join FLexlaw to unlock all legal intelligencePetitioner Roosevelt Green filed a medical malpractice claim with a medical mediation panel. No hearing on the claim was held within six months of the…
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DAUKSCH, Judge.
The issue raised by this Petition for Writ of Certiorari is whether the jurisdiction of a medical mediation panel terminates if a hearing is not held within 120 days from the date the claim was filed with the clerk and if no order extending the time of the hearing has been entered within that same 120 day period.1 Certiorari is granted.
We find it unnecessary to reach this’ issue because the record shows that no hearing on the claim was held within six months of the date the claim was filed as mandated by Section 768.44(3), Florida Statutes (1976 Supp.).2 Since the medical mediation procedure enacted by Part II, Chapter 768 is in derogation of the common law, and is an impediment to the constitutional guarantee of access to the courts of this state, strict compliance with the statutory provisions of Chapter 768 is required. Carter v. Sparkman, 335 So. 2d 802 (Fla.1976); Mercy Hospital, Inc. v. Badia, 348 So. 2d 631 (Fla. 3 DCA 1977). No hearing on the claim having been held within six months from the date the claim was filed, Petitioner is now entitled to pursue his cause of action in the circuit court without further delay. But see, State ex rel. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3 DCA 1977).
The order extending the jurisdiction of the medical mediation panel to hold a hearing on the claim more than six months after the claim was filed is quashed and the cause remanded to the medical mediation panel with directions to enter a certificate of termination of jurisdiction.
QUASHED AND REMANDED.
ALDERMAN, C. J., and MOORE, J., concur. . Petitioner filed his claim prior to the effective date of the new Florida Rules of Medical Mediation Procedure.
. “The hearing shall be held within 120 days of the date the claim was filed with the clerk unless, for good cause shown upon order of the judicial referee, such time is extended. Such extension shall not exceed 6 months from the date the claim is filed. If no hearing on the merits is held within 10 months of the date the claim is filed, the jurisdiction of the mediation panel on the subject matter shall terminate, and the parties may proceed in accordance with law.” F.S. 768.44(3).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Aldana v. Holub, 381 So. 2d 231 (Fla. 1980)…2d DCA 1978); Mellor v. Arakgui, 359 So. 2d 36 (Fla. 4th DCA 1978); Stanton v. Community Hospital of South Broward, 359 So. 2d 37 (Fla. 4th DCA 1978); Febles v. Abercrombie, 358 So. 2d 568 (Fla. 2d DCA 1978); Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978); Letts v. Davis, 356 So. 2d 910 (Fla. 1st DCA 1978); Love v. Jacobson, 358 So. 2d 1179 (Fla. 3d DCA 1978); Kirschgessner v. Miami International Hospital, 356 So. 2d 11 (Fla. 4th DCA 1977); Aldana v. Holub, 354 So. 2d 1272 (Fla. 1…
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Hernandez v. Garwood, 390 So. 2d 357 (Fla. 1980)…(4)(d), Fla.Stat. (1976 Supp.). . Our jurisdiction was invoked under Art. V, § 3(b)(3), Fla.Const. (1972). . Stern v. Miller, Fla., 348 So. 2d 303, 304-05 (1977). .Rule 20.190(b), Fla.R.Med.P. (1978). But see Green v. Broward Gen. Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978) (claimant entitled to pursue cause of action in circuit court for medical malpractice although jurisdiction of mediation panel terminated). . See Nolen v. Sarasohn, 379 So. 2d 161 (Fla. 3d DCA 1980); Eland v. Aylward, 373 So. 2d…
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Raedel v. Watson Clinic Found., Inc., 360 So. 2d 12 (Fla. 2d DCA 1978)…notwithstanding that an extension of time may have been granted within 120 days, if no hearing has begun within six months, the jurisdiction of the medical mediation panel terminates at the end of six months. Green v. Broward General Medical Center, 356 So. 2d 877 (Fla. 4th DCA 1978). But see State ex rel. Love v. Jacobson, 343 So. 2d 1328 (Fla. 3d DCA 1977). Finally, this court and others have held that where the final hearing has not been concluded prior to the expiration of ten months from the date a clai…
Previewing 3 of 16 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)
- State of Fla. ex rel. v. Ira S. Jacobson, M.D., 343 So. 2d 1328 (Fla. 3d DCA 1977)
- Mercy Hosp., Inc. v. Badia, 348 So. 2d 631 (Fla. 3d DCA 1977)