Narrative Opinion Summary
Shands Teaching Hospital and Clinics, Inc. seeks a writ of certiorari to quash a nonfinal order that denied its motion to dismiss a medical malpractice complaint filed by the respondent. The petitioner argues that the notice of intent served by the respondent on February 14, 1996, was inadequate for the mother's personal injury claims, as it only addressed the wrongful death of her infant. The petitioner contends that no separate notice was filed on behalf of the mother before the expiration of the two-year limitations period, warranting dismissal of her complaint with prejudice. The trial court, however, found that the notice sufficiently informed the petitioner of the nature of the respondent's claims. The court agreed with the trial court's decision, concluding that the petitioner did not demonstrate that the order departed from essential legal requirements. Consequently, the petition for certiorari is denied. Judges Booth, Joanos, and Wolf concur.
Legal Issues Addressed
Adequacy of Notice in Medical Malpractice Claimssubscribe to see similar legal issues
Application: The court determined that the notice of intent served by the respondent sufficiently informed the petitioner of the nature of the claims, despite the petitioner's argument that the notice only addressed wrongful death and not personal injury claims.
Reasoning: The trial court, however, found that the notice sufficiently informed the petitioner of the nature of the respondent's claims.
Certiorari Review Standardssubscribe to see similar legal issues
Application: The court concluded that the petitioner failed to demonstrate that the trial court's order departed from essential legal requirements, leading to the denial of the petition for certiorari.
Reasoning: The court agreed with the trial court's decision, concluding that the petitioner did not demonstrate that the order departed from essential legal requirements.
Statute of Limitations in Medical Malpracticesubscribe to see similar legal issues
Application: The petitioner argued that the notice was inadequate because no separate notice was filed on behalf of the mother before the expiration of the two-year limitations period, but the court upheld the trial court's finding that the notice was sufficient.
Reasoning: The petitioner contends that no separate notice was filed on behalf of the mother before the expiration of the two-year limitations period, warranting dismissal of her complaint with prejudice.