Glace v. Lower Florida Keys Hospital District

Assuming without deciding that the tax district hospital herein comes within the ambit of Section 768.28, Florida Statutes (1983), see North Broward Hospital District v. Eldred, 466 So.2d 1210 (Fla. 4th DCA 1985), review granted, No. 67,022 (Fla.1985), we conclude that the trial court erred in dismissing with prejudice the medical malpractice complaint filed below against the said hospital based on the asserted failure to allege that proper notice of the claim was given pursuant to Section 768.28(6), Florida Statutes (1983). In our view, the plaintiffs’ complaint properly alleges such notice…