Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 75--1617
| Decision Date | 24 February 1976 |
| Docket Number | No. 75--1617,75--1617 |
| Citation | 327 So.2d 883 |
| Parties | MOUNT SINAL HOSPITAL OF GREATER MIAMI, INC., a Florida Corporation, Petitioner, v. Richard S. WOLFSON, as Executor of the Estate of Julia Wolfson, Deceassed, Respondent. |
| Court | Florida District Court of Appeals |
Adams, George, Wood, Lee & Schulte, Miami, for petitioner.
Wolfson, Diamond, Logan & Edge and Laurence M. Hatfield, Miami Beach, for respondent.
Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.
This is a petition for certiorari brought by petitioner, defendant below, to review an order denying its motion to dismiss respondent executor's, plaintiff below, amended complaint.
The amended complaint charged that petitioner caused injuries to its patient, Mrs. Julia Wolfson, deceased, by one or more of the following acts:
Petitioner failed to maintain a properly operating warning system whereby a patient in distress could get the attention of its hospital agents, servants or employees; petitioner failed to adequately maintain what signal devices were present for the use of Mrs. Wolfson and other patients in the same or similar class; petitioner failed to maintain proper surveillance of Mrs. Wolfson as required by her seriously ill condition and failed to provide her with the standard of maintenance required of a patient in the same or similar condition; petitioner failed to provide proper and adequate bedrails to insure the protection of its patients against the happening of such incidents as the one sued upon herein; and petitioner by and through its agents, servants and employees negligently and carelessly failed to diagnose the injuries to Mrs. Wolfson within adequate time to prevent her from suffering pain and distress as a result of the injuries.
Petitioner moved to dismiss respondent's amended complaint on the ground it appears from the face of the complaint that it does not conform to The Medical Malpractice Reform Act of 1975, Chapter 75--9, Fla.Laws 1975 (). The pertinent provision of the Act reads as follows:
' § 768.133 Medical liability mediation panel.--
'(2) Any person or his representative claiming damages by reason of injury, death or monetary loss on account of the alleged malpractice by any medical or osteopathic physician, hospital, or health maintenance organization and against whom he believes there is a reasonable basis for a claim shall submit such claim to the appropriate panel (medical liability...
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Bellamy v. Appellate Department
...measures for their safety. Thus, the question is squarely one of professional negligence (see Mount Sinai Hosp. of Greater Miami, Inc. v. Wolfson (Fla.App.1976) 327 So.2d 883, 884-885) and section 340.5 governs the running of the statute of limitations...." (Murillo v. Good Samaritan Hospit......
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Barclay v. Jones
...precedent to filing suit. See Jackson v. Biscayne Medical Center, Inc., 347 So.2d 721 (Fla.App.1977); Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So.2d 883 (Fla.App.1976); Vincent v. Voorhies, 359 So.2d 1129 (La.App.1978). Massachusetts, like Arizona, falls into the second c......
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Harts v. Caylor-Nickel Hosp., Inc.
...District of Palm Beach County (1980) Fla.App., 382 So.2d 829, distinguished an earlier case, Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson (1976) Fla.App., 327 So.2d 883, 884, in which the plaintiff had alleged, inter alia, that a hospital had failed to provide proper and adequate ......
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Neilinger v. Baptist Hosp. of Miami, Inc.
...an examination table under the direction and care of hospital employees at the said hospital. See Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So.2d 883 (Fla. 3d DCA 1976). Therefore, unlike in Durden v. American Hospital Supply Corp., 375 So.2d 1096 (Fla. 3d DCA 1979), cert.......