Archey v. Government Healthcare Services

ALLEN, Judge.

The appellants challenge a summary judgment dismissing their medical malpractice action as barred by the statute of limitations and repose in section 95.11(4)(b), Florida Statutes. We conclude that the court should not have entered this summary judgment in the absence of an undisputed privity relationship between the appellants and a health care provider as specified in section 95.11(4)(b).

The appellants’ medical malpractice action was based on occurrences in connection with care which Allen Archey received at a medical clinic operated by the appellee Government Healthcare.…