Legal Opinion · Dissent

Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. Lawson

District Court of Appeal of Florida

Decided August 28, 2015No. 1D14-4675Published

1DissentMakar, J.

Shands Teaching Hospital and Clinics, Inc., seeks review of the trial court’s order denying its motion to dismiss the complaint of the Estate of Ashley Lawson, which seeks to proceed against the Hospital with a negligence claim without resorting to the medical malpractice presuit screening requirements of chapter 766, Florida Statutes (2013). Our three judge panel divided evenly, one member voting to deny the petition, one to grant the petition, leaving the opinion that follows (modified a- bit) as a middle ground, one that would adopt the Second District’s opinion in Lakeland Regional…

2Cases cited15 opinions

  1. Venetian Salami Co. v. ParthenaisSupreme Court of Florida · 1989
  2. Andrews v. Florida Parole Com'nDistrict Court of Appeal of Florida · 2000
  3. Holmes Regional Medical Center, Inc. v. DumiganDistrict Court of Appeal of Florida · 2014
  4. Sova Drugs, Inc. v. BarnesDistrict Court of Appeal of Florida · 1995
  5. Tenet St. Mary's Inc. v. SerratoreDistrict Court of Appeal of Florida · 2004

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