Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. Lawson
2015 Fla. App. LEXIS 12951
| Fla. Dist. Ct. App. | 2015Background
- Estate sues Shands Vista after a patient on a locked psychiatric unit escapes and dies, alleging ordinary negligence and disavowing medical negligence.
- Shands contends the complaint sounds in medical negligence and failed presuit requirements under ch. 766; trial court denied the motion to dismiss.
- Court reviews denials of presuit-based dismissals via certiorari to correct errors that thwart presuit requirements.
- Court concludes the harm arose from confinement on a locked unit, which constitutes medical negligence under §766.106(1)(a).
- Petition granted; order denying dismissal quashed; Estate must satisfy presuit requirements or reframe as ordinary negligence.
- En banc determination followed previous divisions; hospital sought dismissal without prejudice to pursue presuit compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the complaint sound in medical negligence under §766.106(1)(a)? | Estate argues ordinary negligence, not medical. | Shands argues the claim arises from medical care (conf confinement). | Yes; court holds it sounds in medical negligence. |
| Is certiorari proper to review denial of motion to dismiss on presuit grounds? | Certiorari appropriate to ensure presuit compliance. | Certiorari proper to correct misapplication of presuit rules. | Yes; certiorari review appropriate. |
| Should the claim be dismissed without prejudice for presuit compliance? | Estate should be allowed to plead ordinary negligence, or comply with presuit. | Case should be dismissed to enforce presuit requirements. | Petition granted; order quashed; dismissal without prejudice appropriate. |
Key Cases Cited
- Broadway v. Bay Hosp., Inc., 638 So.2d 176 (Fla. 1st DCA 1994) (test for medical negligence hinges on medical standard of care)
- Robinson v. W. Fla. Reg'l Med. Ctr., 675 So.2d 226 (Fla. 1st DCA 1996) (premises-type security cases may not involve medical standard)
- Ashe v. Southern Baptist Hosp. of Fla., Inc., 948 So.2d 889 (Fla. 1st DCA 2007) (ordinary negligence vs medical negligence in Baker Act context)
- Indian River Mem’l Hosp., Inc. v. Browne, 44 So.3d 237 (Fla. 4th DCA 2010) (medical standard-based assessment of hospital procedures in patient safety)
- Pilgrim, Lakeland Reg’l Med. Ctr., Inc. v. Pilgrim, 107 So.3d 505 (Fla. 2d DCA 2013) (advocated evidentiary approach to determine medical negligence status)