Patry v. Capps

Decision Date10 March 1994
Docket NumberNo. 81963,81963
Citation633 So.2d 9
Parties19 Fla. L. Weekly S117 John R. PATRY, Petitioner, v. William L. CAPPS, M.D., et al., Respondents.
CourtFlorida Supreme Court

Roy D. Wasson, Miami, Richard A. Bokor, Tampa, and Mark Lipinski, P.A., Bradenton, for petitioners.

Ted R. Manry, III and Stephen H. Sears of Macfarlane & Ferguson, Tampa, for respondents.

Loren E. Levy, Tallahassee, amicus curiae for The Academy of Florida Trial Lawyers.

KOGAN, Justice.

We have for review Patry v. Capps, 618 So.2d 261 (Fla.2d DCA 1993), in which the Second District Court of Appeal certified the following question as being of great public importance:

WHETHER THE REQUIREMENT IN A MEDICAL MALPRACTICE ACTION THAT NOTICE BE GIVEN BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, IS (1) A SUBSTANTIVE ELEMENT OF THE STATUTORY TORT, OR (2) A PROCEDURAL REQUIREMENT THAT CAN BE DISREGARDED BY THE TRIAL COURT WHEN THE DEFENDANT RECEIVES ACTUAL WRITTEN NOTICE IN A TIMELY MANNER THAT RESULTS IN NO PREJUDICE.

618 So.2d at 265-66 (Altenbernd, J., dissenting); Patry v. Capps, No. 91-04193 (Fla.2d DCA Order on Motion for Certification May 25, 1993). We have jurisdiction 1 and answer the question as rephrased below in the affirmative:

WHETHER THE ACKNOWLEDGED RECEIPT OF TIMELY WRITTEN NOTICE OF INTENT TO INITIATE LITIGATION FOR MEDICAL MALPRACTICE THAT RESULTS IN NO PREJUDICE TO THE DEFENDANT IS SUFFICIENT NOTICE UNDER SECTION 768.57(2), FLORIDA STATUTES (1987) (CURRENT SECTION 766.106(2), FLORIDA STATUTES (1993)).

The Patrys, individually and as mother and father and next friends of Chad M. Patry, a minor, brought a medical malpractice action against Dr. William L. Capps. Chad, who was born in 1988, suffers from cerebral palsy and quadriplegia. The Patrys allege that Chad's condition was caused by Dr. Capps' negligence in delivering the child by Caesarian section. The action against Dr. Capps was dismissed because the Patrys failed to strictly comply with the mode of service provided in section 768.57(2), Florida Statutes (1987). 2 It is undisputed that Dr. Capps was served with the Patrys' intent to initiate litigation by hand delivery rather than by certified mail, return receipt requested, as provided in the statute.

On appeal, the district court recognized the harshness of requiring strict compliance with the mode of service provided by the Legislature but felt compelled by precedent to affirm the dismissal. See Solimando v. International Med. Centers, 544 So.2d 1031 (Fla.2d DCA) (notice sent by regular mail insufficient under section 768.57(2)), review dismissed, 549 So.2d 1013 (Fla.1989); Glineck v. Lentz, 524 So.2d 458 (Fla. 5th DCA) (only written notice by certified mail, return receipt requested, sufficient under section 768.57(2)), review denied, 534 So.2d 399 (Fla.1988). The court below also rejected the Patrys' claim of estoppel or waiver under this Court's decision in Ingersoll v. Hoffman, 589 So.2d 223 (Fla.1991). 618 So.2d at 262.

Section 768.57(2), Florida Statutes (1987), 3 provides:

Prior to filing a claim for medical malpractice, a claimant shall notify each prospective defendant by certified mail, return receipt requested, of intent to initiate litigation for medical malpractice.

(Emphasis added). Timely written notice of intent to initiate litigation is a condition precedent to maintaining a medical malpractice action. Williams v. Campagnulo, 588 So.2d 982, 983 (Fla.1991). Under the statutory scheme, service of presuit notice tolls the statute of limitations during the ninety-day presuit screening period provided for in the statute. The plaintiff then must file suit within ninety days after the receipt was received plus the greater of either sixty days or the remainder of the time left under the statute of limitations. 4 Sec. 768.57(4); Boyd v. Becker, 627 So.2d 481 (Fla.1993); Tanner v. Hartog, 618 So.2d 177, 182 (Fla.1993).

The parties agree that timely written notice must be given under section 768.57(2) before a medical malpractice action can be maintained. However, they disagree as to whether strict compliance with the mode of service provided in the statute also is mandated.

Dr. Capps takes the position that only service by certified mail, return receipt requested, is sufficient. He bases his argument on the plain language of the statute, this Court's decision in Williams, and our adoption of Florida Rule of Civil Procedure 1.650. The Patrys and the Florida Academy of Trial Lawyers, as amicus curiae, maintain substantial compliance with the mode of service portion of the statute is all that is necessary to accomplish the legislative purpose of facilitating the early resolution of medical malpractice claims. Thus, they point out there is no reason to construe the provision in a manner that results in an unreasonable denial of access to courts. See Weinstock v. Groth, 629 So.2d 835 (Fla.1993) (purpose of presuit requirements is to alleviate high cost of medical malpractice claims through early determination and prompt resolution, not to deny access to courts).

Dr. Capps correctly points out that as a general rule this Court must give effect to the plain and unambiguous language of a statute. However, it is equally clear that a literal interpretation is not required when such an interpretation would lead to an unreasonable or ridiculous conclusion and there are cogent reasons to believe the letter of the law does not accurately reflect the legislative intent. See Holly v. Auld, 450 So.2d 217, 219 (Fla.1984).

Thus, in deciding whether strict compliance with the mode of service provided in section 768.57(2) is mandated, we look to the purpose of the legislation. We begin by reviewing the general purpose of the presuit notice and screening requirements set forth in the statute. These requirements are "designed to facilitate the amicable resolution of medical malpractice claims." Ingersoll v. Hoffman, 589 So.2d 223, 224 (Fla.1991). The goal of the legislation is to promote the settlement of meritorious claims early in the controversy in order to avoid full adversarial proceedings. Williams v. Campagnulo, 588 So.2d 982, 983 (Fla.1991); see also Boyd v. Becker, 627 So.2d at 484. To this end, timely service of presuit notice tolls the statute of limitations, thus affording the parties an opportunity to settle their dispute. Sec. 768.57(4). Strict compliance with the mode of service provided in the statute is in no way essential to this legislative goal. Service of the presuit notice by certified mail, return receipt requested, simply assures reliable verification of 1) timely service and 2) the date of receipt. Verification of timely service serves to reduce contention and litigation concerning compliance with the general notice requirement. See Glineck, 524 So.2d at 458. Likewise, verification of the date of receipt serves to reduce disputes concerning compliance with various time periods that begin to run after presuit notice is received. See, e.g., Sec. 768.57(3)(c) (time prospective defendant has to reply to presuit notice); Sec. 768.57(4); Fla.R.Civ.P. 1.650(d)(3) (time plaintiff has to file suit after presuit notice is received).

The conclusion that service by certified mail, return receipt requested, was intended as nothing more than a reliable method for verifying service and receipt dates is supported by the fact that two other provisions of section 768.57 provide for service by certified mail. Using language similar to that at issue in this case, subsection (3)(c) provides that the defendant's response "shall be delivered ... by certified mail, return receipt requested" within ninety days after receipt of the notice. Likewise, subsection (7) provides that the plaintiff "shall respond in writing ... by certified mail, return receipt requested" within fifty days after receipt of the defendant's offer to admit liability and submit the damage issue to arbitration. Our review of the statutory scheme as a whole leads us to conclude that the mode of service authorized in these provisions is merely a technical matter of form that was designed to facilitate the orderly and prompt conduct of the screening and settlement process by establishing a method for verifying significant dates in the process. It cannot be seriously argued that this goal is not accomplished where, as here, the defendant acknowledges timely receipt of written notice that results in no prejudice.

When considering other statutes that appear to mandate a specific mode of service, several Florida courts have held actual notice by a mode other than that prescribed sufficient. See, e.g., L & F Partners, LTD. v. Miceli, 561 So.2d 1227 (Fla. 2d DCA 1990) (statute that provides for delivery of notice by certified or registered mail, return receipt requested, in worthless check action required only some type of personal delivery beyond regular mail); Bowen v. Merlo, 353 So.2d 668 (Fla. 1st DCA 1978) (actual delivery of notice by regular mail was sufficient under notice requirement of Mechanics' Lien Law that provided for delivery of notice of claim by certified or registered mail). Most notably, in Phoenix Ins. Co. v. McCormick, 542 So.2d 1030 (Fla. 2d DCA 1989), the Second District Court of Appeal held actual notice by a mode other than that authorized in section 627.426(2)(a), Florida Statutes (1985), sufficient to preserve an insurer's right to assert a coverage defense. Under that statute a liability insurer is precluded from asserting a coverage defense, unless within thirty days of knowledge of the defense written notice is given to the insured by registered or certified mail, or by hand delivery. The Phoenix court recognized that the language providing for notice by certified mail, registered mail, or hand delivery eliminates problems in proving timely service; but held that when the insured concedes actual notice, strict compliance is not required. Recognizing that the statute allows an insurer to deny coverage by certified letter sent...

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