05-0465 ARISTIDE V. JACKSON

State: Florida

Court: Florida Third District Court

Docket No: 05-0465 ARISTIDE V. JACKSON

Case Date: 12/14/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

MARIE ARISTIDE, etc., et al., Appellants, vs.

** ** ** CASE NO. 3D05-465

JACKSON MEMORIAL HOSPITAL, CAROL ** MURPHY, M.D., AND GUSTAVO J. MORENO III, M.D., etc., ** Appellees. **

LOWER TRIBUNAL NO. 04-9751

Opinion filed December 14, 2005. An Appeal from the Circuit Court for Miami-Dade County, Leon M. Firtel, Judge. McKenzie & Associates and Orville McKenzie, for appellants. Murray A. Greenberg, Miami-Dade County Attorney and Stephen A. Stieglitz, Assistant County Attorney, for appellees.

Before FLETCHER, SHEPHERD, and SUAREZ, JJ. SUAREZ, J. Appellant, Marie Aristide ("Aristide"), appeals the trial court's order dismissing her complaint with prejudice for

failure to file within the required statute of limitations. affirm the trial court's order.

We

On April 29, 2004, Aristide filed a medical malpractice claim. Her complaint alleges that, on January 6, 1991, she gave birth at Jackson Memorial Hospital to Immacula LaFortune and that, due to medical malpractice, Immacula now suffers from

cerebral palsy. The statute of limitations applicable to this case is set forth in section 95.11 of the Florida Statutes: (b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday . . . . In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred . . . .

Download 05-0465 ARISTIDE V. JACKSON.pdf