Mantesta v. Florida Patient's Compensation Fund

DOWNEY, Judge.

The issue before us in this appeal is whether the acceptance of certain checks and promissory notes by appellant in the settlement of a medical malpractice action constitutes “payment” within the meaning of section 768.54(2)(b), Florida Statutes (1981), so as to trigger the obligation of the Florida Patient’s Compensation Fund to pay the covered claim. We hold that it does, based on the facts of this case.

Appellant, John Mantesta, the plaintiff below, filed and settled a medical malpractice action in which the Florida Patient’s Compensation Fund had been joined. The defendant…