NME Hospitals, Inc. v. Azzariti, 90-03087
| Decision Date | 16 January 1991 |
| Docket Number | No. 90-03087,90-03087 |
| Citation | 16 Fla. L. Weekly 229,573 So.2d 173 |
| Parties | 16 Fla. L. Weekly 229 NME HOSPITALS, INC., a corporation d/b/a Seven Rivers Community Hospital, Petitioner, v. Dominick AZZARITI and Domenica Azzariti, his wife, Respondents. |
| Court | Florida District Court of Appeals |
Thomas Saieva of Saieva and Walsh, P.A., Tampa, for petitioner.
John McLaughlin of Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, for respondents.
The petitioner, the defendant in a pending medical malpractice action, seeks a writ of certiorari to review an order of the circuit court denying its motion to dismiss. The respondents filed their complaint without first complying with the mandatory requirements of sections 766.104 and 766.106, Florida Statutes (1989). Compliance with the statute is a condition precedent to maintaining a suit against a health care provider, and the parties agree that there was no compliance with the statute. The respondents' contention that compliance is not required as the suit alleges causes of action based on strict or products liability theories and does not allege medical malpractice is of no avail. A hospital that utilizes an alleged defective product only in the course of its primary function of providing medical services is not subject to an action in strict liability where the professional services could not have been rendered without using the product. North Miami General Hospital v. Goldberg, 520 So.2d 650 (Fla. 3d DCA 1988).
Accordingly, we find that the circuit court's order departed from the essential requirements of law. The petition for writ of certiorari is granted, and the case is remanded to the circuit court for proceedings consistent with this opinion.
To continue reading
Request your trial
-
In re Breast Implant Product Liability
...not be held strictly liable for patient's injuries suffered as a result of a defective hip prosthesis); NME Hospitals, Inc. v. Azzariti, 573 So.2d 173 (Fla.Ct.App.2d Dist. 1991) (hospital that utilizes an allegedly defective product only in the course of its primary function of providing me......
-
Rolon-Alvarado v. Municipality of San Juan
...device manufactured by a third party. See, e.g., Hoff v. Zimmer, Inc., 746 F.Supp. 872, 874 (W.D.Wis.1990); NME Hosp. v. Azzariti, 573 So.2d 173, 173 (Fla.1991) (per curiam); Silverhart v. Mt. Zion Hosp., 20 Cal.App.3d 1022, 1028, 98 Cal.Rptr. 187 (1971).6 Since plaintiff failed to prove th......
-
Citron v. Shell
...As we have said, relief by direct appeal would be no relief at all in this case." 500 So.2d at 587; see also NME Hospitals Inc. v. Azzariti, 573 So.2d 173 (Fla. 2d DCA 1991); Miami Physical Therapy Assoc. v. Savage, 632 So.2d 114 (Fla. 3d DCA 1994). We agree with the analysis of these cases......
-
Leto v C.R. Bard, Inc. ( In re Davol Inc. /C.R. Bard, Inc., Polypropylene Hernia Mesh Prods. Liab. Litig. )
...of the metal rod but the insertion of the metal rod was incidental to the medical services provided). Key West also cites to NME Hosps., Inc. v. Azzariti, which held that “[a] hospital that utilizes an alleged defective product only in the course of its primary function of providing medical......