Riccobono v. Cordis Corp., s. 76--100
| Decision Date | 18 January 1977 |
| Docket Number | 76--297,Nos. 76--100,s. 76--100 |
| Citation | 341 So.2d 805 |
| Parties | Rocky RICCOBONO, Appellant, v. CORDIS CORPORATION, a Florida Corporation, and Dade County, a political subdivision of the State of Florida, d/b/a Jackson Memorial Hospital, Appellees. |
| Court | Florida District Court of Appeals |
Horton, Perse & Ginsberg; Stanley M. Rosenblatt, Miami, for appellant.
Fowler, White, Burnett, Hurley, Banick & Knight and A. Blackwell Stieglitz, Miami, for appellees.
Before HENDRY, C.J., and PEARSON and HAVERFIELD, JJ.
Plaintiff appeals an order dismissing his complaint in this medical malpractice action.
On September 9, 1975 Rocky Riccobono filed a complaint against Jackson Memorial Hospital and Cordis Corporation alleging that in September 1973 he was admitted to Jackson Memorial Hospital for a coronary catheterization procedure and while the procedure was being performed, the tip of a number 7 French Cordis special left coronary catheter broke off causing injury to him. In response Jackson filed a motion to dismiss for plaintiff's failure to comply with Section 768.133, Florida Statutes (1975) which requires the submission of a claim of medical malpractice to a medical mediation panel prior to filing a complaint in the circuit court. On December 18, 1975 the trial court entered an order granting the motion to dismiss.
The validity of Section 768.133, Florida Statutes (1975) has been upheld by our Supreme Court in Carter v. Sparkman, 335 So.2d 802 (Fla.1976). This statute clearly provides that prior to filing a malpractice claim in the circuit court, the complainant must submit such claim to a medical liability mediation panel. Plaintiff having failed to submit his claim to a mediation panel, the trial judge was eminently correct in entering the order of dismissal. See Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So.2d 883 (Fla.3d DCA 1976).
Affirmed.
To continue reading
Request your trial
-
Woods v. Holy Cross Hospital
...from bringing any action based on medical malpractice in "any court of (the state of Florida)." See, e. g., Riccobono v. Cordis Corp., 341 So.2d 805 (Fla.Dist.Ct.App.1977). After a claim is properly filed all defendants must answer within twenty days or else a claimant may proceed in court.......
-
Cannon v. McKen
...failure of special table to which he was secured during taking of myelogram, claim was subject to mediation); Riccobono v. Cordis Corp., 341 So.2d 805 (Fla. 3rd DCA 1977) (where plaintiff was allegedly injured when coronary catheter broke during catheterization procedure, claim was subject ......
-
Allen v. Hoover
...section 768.44. See Armstrong v. Howarth, 409 So.2d 122 (Fla. 5th DCA), rev. denied, 417 So.2d 328 (Fla.1982); Riccobono v. Cordis Corp., 341 So.2d 805 (Fla. 3d DCA 1977). Section 768.44(1)(a), Florida Statutes (1979), under which the medical panel scheme was authorized, was declared uncons......
-
Norton v. South Miami Hospital Foundation, Inc.
...and Amy Sheild Levine, Miami, for appellee. Before BARKDULL, KEHOE and SCHWARTZ, JJ. PER CURIAM. Affirmed. See Riccobono v. Cordis Corporation, 341 So.2d 805 (Fla. 3d DCA 1977). SCHWARTZ, Judge (specially The plaintiff-appellant was allegedly injured because of the mechanical failure of a s......