Recent Legal News

Subject: No Non Delegable Duty—Tabraue v Doctors Hospital

In the very well reasoned opinion of Tabraue v Doctors Hospital, on 3/27/19, the 3rd DCA specifically rejected, as a matter of law, non delegable duty liability on the part of a hospital for the actions of independent contractor physicians working in the emergency department. 

In adopting and expanding on the 2nd DCA opinion in Reth v Tarpon Springs, the 3rd DCA specifically rejected the 4th DCA decisions inWax & Irving, certifying conflict to the newly reconstituted Florida Supreme Court.

An excellent & well reasoned opinion. 

Check it out!

http://www.3dca.flcourts.org/opinions/3D16-1661.pdf


In Lake Worth Surgical Ctr., Inc. v. Gates, the 4th DCA allowed tailored discoverability (under a confidentiality agreement) of billing and reimbursement data from third party healthcare providers. Examples of potentially discoverable material; percentage of practice comprised of personal injury claimants (presumably treating under LOP) and amounts billed to insurers for same procedures. Good internal citations and discussion of these issues, including detailed instructions on how to obtain this information in an appropriate case. Check it out.


On 1/25/19, the 5th DCA issued two (2) decisions upholding the “same specialty” requirement (s.766.102(5)) in medical malpractice actions.

Check out both Riggenbach v Rhodes & Davis v Carr.

https://edca.5dca.org/DCADocs/2018/1889/181889_1255_01252019_08533648_i.pdf

https://edca.5dca.org/DCADocs/2018/0149/180149_1257_01252019_08393455_i.pdf

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