King v. Baptist Hospital of Miami, Inc.
87 So. 3d 39
Fla. Dist. Ct. App.2012Background
- King sent presuit notices in 2008 under section 766.106 to Dr. Thompson and Pediatric Group regarding care at Baptist Hospital.
- Amended complaint filed in 2009 names Baptist Hospital defendants and alleges joint venture-based vicarious liability for Dr. Thompson’s malpractice.
- Baptist Hospital moved to dismiss for lack of direct presuit notice to Baptist Hospital, arguing no legal relationship with Pediatric Group.
- Trial court found no legal relationship between Dr. Thompson/Pediatric Group and Baptist Hospital and dismissed.
- King argued Rule 1.650 and the joint venture alleged in the complaint imputed presuit notice to Baptist Hospital; the court denied rehearing.
- Court ultimately reversed, holding presuit notice to Thompson imputed to Baptist Hospital based on a joint venture between Baptist Hospital and University of Miami.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Presuit notice imputation standard? | King asserts notice to Thompson imputed to Baptist Hospital via the joint venture. | Baptist Hospital contends no legal relationship with Thompson/Pediatric Group to impute. | Notice imputed; sufficient legal relationship exists. |
| Adequacy of pleading a joint venture between Baptist Hospital and University of Miami? | Amended complaint and joint venture agreement establish a joint venture so notice to Thompson binds Baptist Hospital. | No proper pleading of a joint venture; contract terminated before treatment. | Amended complaint suffices to plead a joint venture; record supports relationship. |
Key Cases Cited
- Kukral v. Mekras, 679 So.2d 278 (Fla. 1996) (joint venture relationship for imputation of notice)
- Arch Plaza, Inc. v. Perpall, 947 So.2d 476 (Fla. 3d DCA 2007) (liberal construction of medical malpractice pre-suit scheme)
- Jackson-Shaw Co. v. Jacksonville Aviation Auth., 8 So.3d 1076 (Fla. 2008) (joint venture elements and legal relationship)
- Price v. JFK Med. Ctr., Inc., 595 So.2d 202 (Fla. 4th DCA 1992) (doctor-hospital relationship raises jury question)
- Winter v. Miami Beach Healthcare Group, Ltd., 917 So.2d 973 (Fla. 3d DCA 2005) (allegations and attachments evaluated at dismissal standard)
- Golden Gate Homes, LC v. Levey, 59 So.3d 275 (Fla. 3d DCA 2011) (standard for reviewing complaint and attachments)