Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross Hospital

TJOFLAT, Circuit Judge:

In this case we are called upon to examine portions of Florida’s Medical Malpractice Law1 and determine whether its mandate that a medical malpractice claimant participate in a mediation process prior to bringing an action in court must be enforced by a federal district court in a diversity case. For the reasons set forth below, we find that this requirement meets federal constitutional standards and must be applied in such an action.

I

On July 21, 1975, Nellie Woods, a citizen of Ohio and the administratrix of the estate of her late husband, John N. Woods, filed an…