Legal Opinion

Vanalstine v. Palms West Hospital, L.P.

District Court of Appeal of Florida

Decided June 27, 2012No. 4D10-4850Published

1Per curiam

This case arises from the death of a child. The parents sued a pharmacist and pharmacy for negligence in formulating and dispensing a prescription; they also sued various medical providers for malpractice in their treatment of the child for the condition caused by his ingestion of the prescription drugs. The parents settled with the pharmacist and the pharmacy and executed releases. The trial court granted the medical providers’ motions for summary judgment based on the wording of the releases.

We reverse. Read as a whole, the releases “expressly reserved” the right to pursue causes of action…

2Cases cited2 opinions

  1. Baudo v. Bon Secours Hospital/Villa Maria Nursing CenterDistrict Court of Appeal of Florida · 1996
  2. Broz v. RodriguezDistrict Court of Appeal of Florida · 2005

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