The National Deaf Academy, LLC, etc. v. Denise Townes, etc.
Supreme Court of Florida
1Opinion of the CourtPariente, J.
The issue in this case requires this Court to determine when a negligence claim arises out of the "rendering of, or the failure to render, medical care or services," as the Legislature's definition of medical malpractice provides, thereby subjecting a plaintiff to the onerous presuit requirements and restrictions of the medical malpractice statutory scheme. § 766.106(1)(a), Fla. Stat. (2008). In the decision under review, the Fifth District Court of Appeal held that a claim arising out of the alleged negligence by employees of the National Deaf Academy in attempting to physically restrain one…
Also in this document: Concurrence.
2Cases cited20 opinions
- Kukral v. MekrasSupreme Court of Florida · 1996
- Paulucci v. General Dynamics Corp.Supreme Court of Florida · 2003
- Weinstock v. GrothSupreme Court of Florida · 1993
- Marsh v. ValyouSupreme Court of Florida · 2007
- Silva v. Southwest Florida Blood Bank, Inc.Supreme Court of Florida · 1992
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3Cited by26 opinions
- Champagne v. StateDistrict Court of Appeal of Florida · 2019
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- ALICEA ENTERPRISES, INC. v. NATIONWIDE INSURANCE COMPANY OF AMERICADistrict Court of Appeal of Florida · 2018
- Ana Trisan v. Naples Center for Dermatology & Cosmetic Surgery, P.A., Etc.District Court of Appeal of Florida · 2026
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