Legal Opinion
Cohen v. Baxt
District Court of Appeal of Florida
Decided July 3, 1985No. 84-835PublishedCited by 2 opinions
1Opinion of the Court
HERSEY, Chief Judge.
The issue in this appeal from a summary final judgment is the applicability of the two-year statute of limitations for medical malpractice claims (section 95.11(4)(b), Flor*1341ida Statutes (1983)) to a complaint against the Florida Patient’s Compensation Fund.
The trial court found the statute applicable and held by implication that the allegations of the complaint established that the claim was time-barred. We reverse as to both conclusions.
The complaint alleges misdiagnosis and treatment of a knee injury occurring from April through July 1980. The complaint was filed against…
2Cases cited16 opinions
- Dept. of Ins. v. Southeast Volusia Hosp. Dist.Supreme Court of Florida · 1983
- Florida Patient's Comp. Fund v. Von StetinaSupreme Court of Florida · 1985
- Ash v. StellaSupreme Court of Florida · 1984
- Bd. of Trustees v. Caudill Rowlett ScottDistrict Court of Appeal of Florida · 1984
- Florida Patient's Comp. Fund v. TillmanDistrict Court of Appeal of Florida · 1984
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3Cited by2 opinions
- Williams v. SpiegelDistrict Court of Appeal of Florida · 1987
- Florida Patient's Compensation Fund v. CohenSupreme Court of Florida · 1986