Brief Fact Summary.
Wife of decedent sues hospital for malpractice under Florida’s Wrongful Death Act. Defendant hospital files a motion to dismiss based on plaintiff’s failure to submit to a mediation panel as is required by statute.
Synopsis of Rule of Law.
Under Florida’s Medical Malpractice Law, a medical malpractice plaintiff may be forced to first participate in a mediation process prior to bringing an action in court.
We would do grave damage to the legislative response evidenced by Florida's Medical Malpractice Law if we refused to apply the mediation requirement in diversity cases.
View Full Point of LawPlaintiff, wife of decedent, sued Defendant Holy Cross Hospital, two of its doctors, and the doctors’ insurers under Florida’s Wrongful Death Act alleging the doctors’ malpractice caused her husband’s death. The parties were rightfully in federal court based on diversity jurisdiction. Defendant Holy Cross Hospital filed a motion to dismiss based on Plaintiff Woods’ failure to submit to a mediation panel as was required by the Florida statute. The district court granted the motion and Plaintiff Woods appealed.
Issue.
May a medical malpractice plaintiff be forced to participate first in a mediation process prior to bringing an action in court?
Held.
Yes, under Florida’s Medical Malpractice Law, a medical malpractice plaintiff may be forced to first participate in a mediation prior to bringing an action in court. Holding below is affirmed.
Discussion.