Legal Opinion

Palms West Hospital Ltd. Partnership v. Burns

District Court of Appeal of Florida

Decided November 30, 2011No. 4D10-3629PublishedCited by 11 opinions

1Per curiam

Palms West Hospital (Palms West) petitions this court for a writ of certiorari following the circuit court’s denial of its motion to dismiss respondent Charles H. Burns’ third amended complaint for failure to follow pre-suit procedures under the Florida Medical Malpractice Act. See § 766.102, Fla. Stat. (2009). We find that *787this was a departure from the essential requirements of the law and grant the petition.

Respondent/plaintiff Burns is the personal representative of the estate of Enrique Casasnovas. In 2006, Casasnovas was taken to the Palms West emergency room with complaints of abdominal…

2Cases cited14 opinions

  1. Bared & Co., Inc. v. McGuireDistrict Court of Appeal of Florida · 1996
  2. JB v. Sacred Heart Hosp. of PensacolaSupreme Court of Florida · 1994
  3. Gladstone v. SmithDistrict Court of Appeal of Florida · 1999
  4. Joseph v. University Behavioral LLCDistrict Court of Appeal of Florida · 2011
  5. Quintanilla v. Coral Gables Hospital, Inc.District Court of Appeal of Florida · 2006

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3Cited by11 opinions

  1. Holmes Regional Medical Center, Inc. v. DumiganDistrict Court of Appeal of Florida · 2014
  2. Jane Doe v. Baptist Primary Care, IncDistrict Court of Appeal of Florida · 2015
  3. Steve Buck v. Columbia Hospital Corporation of South BrowardDistrict Court of Appeal of Florida · 2014
  4. Mark E. Pomper, M.D., P.A. v. FerraroDistrict Court of Appeal of Florida · 2016
  5. Charles H. Burns, etc. v. Palms West Hospital, etc.Supreme Court of Florida · 2014

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