Sittig v. Tallahassee Memorial Regional Medical Center, Inc., 90-31
| Decision Date | 13 September 1990 |
| Docket Number | No. 90-31,90-31 |
| Parties | 15 Fla. L. Weekly D2338 Armanda M. SITTIG, M.D., Appellant, v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC., Appellee. |
| Court | Florida District Court of Appeals |
Rehearing Denied Oct. 29, 1990.
Donna H. Stinson of Moyle, Flanigan, Katz, FitzGerald & Sheehan, P.A., Tallahassee, for appellant.
John D. Buchanan, Jr. of Henry, Buchanan, Mick & English, Tallahassee, for appellee.
Appellant, plaintiff below, appeals the dismissal of her complaint for failure to prosecute, claiming that the dismissal violates her constitutional right of access to the courts. We agree and reverse.
Appellant is an obstetrician who served on the staff of Tallahassee Memorial Regional Medical Center (appellee) until her staff privileges were suspended by the hospital pursuant to the peer review process prescribed by Section 395.0115(1), Florida Statutes (1985), which provides:
If the governing board of any licensed facility has reasonable belief that conduct by a staff member may constitute one or more grounds for discipline as provided in this subsection, the board shall investigate and determine whether grounds for discipline exist with respect to the staff member. The governing board of any licensed facility, after considering the recommendations of its medical staff, shall suspend, deny, revoke, or curtail the staff privileges, or reprimand, counsel, or require education, of any staff member after a final determination has been made that one or more of the following grounds exist:
(a) Incompetence.
(b) Being found to be a habitual user of intoxicants or drugs to the extent that he is deemed dangerous to himself or others.
(c) Mental or physical impairment which may adversely affect patient care.
(d) Being found liable by a court of competent jurisdiction for medical negligence or malpractice involving negligent conduct.
(e) One or more settlements exceeding $10,000 for medical negligence or malpractice involving negligent conduct by the staff member.
(f) Medical negligence other than as specified in paragraphs (d) or (e).
(g) Failure to comply with the policies, procedures, or directives of the risk management program or any quality assurance committees of any licensed facility. However, the procedures for such actions shall comply with the standards outlined by the Joint Commission on Accreditation of Hospitals, the American Osteopathic Association, the Accreditation Association for Ambulatory Health Care, and the "Medicare/Medicaid Conditions of Participation," as such procedures existed on January 1, 1985. The procedures shall be adopted pursuant to hospital bylaws.
Appellant then filed suit against appellee, alleging, among other things, breach of contract, violation of medical staff requirements under Section 395.0115, and libel. Section 395.0115(5) provides:
(5)(a) In the event that the defendant prevails in an action brought by a staff member against any person or entity that initiated, participated in, was a witness in, or conducted any review as authorized by this section, the court shall award reasonable attorney's fees and costs to the defendant.
(b) As a condition of any staff member bringing any action against any person or entity that initiated, participated in, was a witness in, or conducted any review as authorized by this section and before any...
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