Baldwin v. Dellerson

DOWNEY, Judge.

This is a timely appeal from a partial final summary judgment entered in favor of Mark Tomback, M.D., and his professional association, appellees, in a wrongful death/medical malpractice action brought by the parents of an infant who died shortly after birth at South Broward Hospital District d/b/a Memorial Hospital.

Dr. Tomback moved for summary judgment on two grounds: 1) no evidence of his negligence or no evidence of a causal relationship between any negligence on his part and the infant’s death, and 2) sovereign immunity as a state agent under section 768.28(9)(a), Florida…