Shands at Lake Shore, Inc. v. Ferrero
Docket: No. 1D04-3675
Court: District Court of Appeal of Florida; March 10, 2005; Florida; State Appellate Court
Shands at Lake Shore, Inc. appealed a nonfinal order that granted an emergency temporary injunction to Dr. Frank Ferrero. The court determined that Dr. Ferrero was not entitled to this relief as he did not demonstrate a likelihood of prevailing on the merits. Dr. Ferrero applied for reappointment to the hospital's medical staff on March 15, 2004, but the hospital discovered he had not maintained continuous malpractice insurance coverage as required by its bylaws. His coverage lapsed on October 1, 2003, and he did not secure new coverage until December 9, 2003, which did not include “tail coverage” for incidents prior to the termination of his old policy. The hospital informed Dr. Ferrero that without tail coverage for the period before October 1, 2004, his application would be considered voluntarily withdrawn. In response, Dr. Ferrero filed a complaint and sought an emergency temporary injunction to prevent the hospital from interfering with his medical staff privileges. After an evidentiary hearing, the trial court granted the injunction, but the appellate court found this to be an error. The court emphasized that a preliminary injunction is an extraordinary remedy requiring a clear showing of (1) likelihood of irreparable harm, (2) unavailability of an adequate legal remedy, (3) substantial likelihood of success on the merits, and (4) consideration of the public interest. Dr. Ferrero's argument for entitlement to staff privileges despite his lack of continuous insurance coverage was deemed inconsistent with the hospital's bylaws. Therefore, the trial court's conclusion regarding his likelihood of success was not accepted, leading to a reversal of the injunction. Judges Webster, Padovano, and Hawkes concurred with the decision.