09-3819 DORA B. DIRGA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ETHEL BRAUN, DECEASED, v. REX A. BUTLER, M.D.

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Laws-info.com » Cases » Florida » Florida First District Court » 2010 » 09-3819 DORA B. DIRGA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ETHEL BRAUN, DECEASED, v. REX A. BUTLER, M.D.

State: Florida

Court: Florida First District Court

Docket No: 09-3819

Case Date: 06/21/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DORA B. DIRGA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ETHEL BRAUN, DECEASED, Appellant, v. REX A. BUTLER, M.D., Appellee. _____________________________/ Opinion filed June 21, 2010.

CASE NO. 1D09-3819

An appeal from the Circuit Court for Okaloosa County. John T. Brown, Judge. C. Philip Hall, McKenzie & Hall, P.A., Pensacola, for Appellant. Craig A. Dennis and Melanie M. Burnette, Dennis, Jackson, Martin & Fontela, P.A., Tallahassee, for Appellee.

PER CURIAM. Ms. Dirga, as personal representative of the estate of Ethel Braun (estate), appeals the trial courts order dismissing her complaint against Dr. Butler, an Alabama-licensed physician, for failure to comply with the presuit provisions of

chapter 766, Florida Statutes (2003). Because Dr. Butler is not a "health care provider" as defined in section 766.202(4), Florida Statutes, we find that he was not entitled to presuit notice under the Medical Malpractice Reform Act (the Act). For the reasons explained below, we hold that the trial court improperly dismissed the estates complaint. Facts and Procedural History Dr. Butler is an Alabama-licensed physician. Dr. Butler is not licensed in Florida. In March of 2004, following Ms. Brauns death, Ms. Dirga, as personal representative, filed a complaint against Dr. Butler alleging medical negligence under the laws of Alabama. The complaint alleged that Dr. Butler had previously treated Ms. Braun. After sustaining fractures from a fall, Ms. Braun was admitted to Andalusia Regional Hospital in Alabama by Dr. Butler. Following her

discharge from the hospital, Ms. Braun was transferred to Shoal Creek Rehabilitation Center in Crestview, Florida. Dr. Butler wrote the discharge orders, which included directions to continue the administration of a certain medication daily. After personnel at Shoal Creek administered the medication in accordance with the discharge orders, Ms. Braun was transferred to the emergency room of North Okaloosa Medical Center in Crestview, where she died. The complaint alleges that Ms. Braun died as a consequence of significant reactions due to an overdose of the medication prescribed by Dr. Butler. Dr. Butler moved to dismiss 2

the complaint alleging that the estate failed to comply with the presuit provisions of chapter 766, Florida Statutes (2003). Merits We review de novo issues of statutory interpretation. Griffin v. State, 980 So. 2d 1035, 1036 (Fla. 2008). Here, the estate asserts that the trial court erred by finding that Dr. Butler was entitled to presuit notice under chapter 766. According to chapter 766, only "prospective defendants" in medical malpractice actions are entitled to presuit notice.

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