Lewis v. North Broward Hospital District

Appellants filed a medical malpractice action against various health care providers and, at a subsequent date, added as a defendant the appellee, an agency of the State of Florida. The trial court entered summary judgment in favor of appellee on the holding that the claim against it was barred by the statute of repose contained in section 95.11(4)(b), Florida Statutes (1979), citing this court’s decision in Carr v. Broward County, 505 So.2d 568 (Fla. 4th DCA 1987).

The issue here is whether, prior to October 1, 1988,1 an action for medical malpractice against a state agency for which sovereign…