4D03-3873-Plantation General Hospital Limited Partnership v. Horowitz

State: Florida

Court: Florida Southern District Court

Docket No: 4D03-3873

Case Date: 02/09/2005

Plaintiff: 4D03-3873-Plantation General Hospital Limited Partnership

Defendant: Horowitz

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP d/b/a Columbia Plantation General Hospital , Appellant, v. STUART HOROWITZ, Personal Representative of the Estate of Lena Horowitz, Appellee. theory of strict liability, that at all times he relied on both strict liability and negligence. He also points out that, in presenting the motion for summary judgment, the issue had been narrowed as a result of the stipulation of the parties as to the operative facts. The parties had reduced the issue to whether the holdings in Robert v. Paschall, 767 So.2d 1227 (Fla. 5th DCA 2000), and Baker v. Tenet Healthsystem Hospitals Inc., 780 So.2d 170 (Fla. 2d DCA 2001), would apply to this case, where the underlying malpractice occurred in the physician's office rather than the hospital. In response to the motion for rehearing and clarification, defendant states that if this court should permit plaintiff to withdraw the concession he made at oral argument it would have no objection if the court were to adopt the position of the concurring opinion. Having considered the matter, we grant plaintiff's motion for rehearing and clarification, withdraw our previous opinion and replace it with the following. In a final summary judgment, a hospital (defendant) was ordered to pay damages to plaintiff as a result of an unsatisfied money judgment against one of its staff physicians for malpractice in treating a patient. The hospital had granted the physician staff privileges but had failed to supervise his compliance with a financial responsibility law regarding medical malpractice judgments.1 Plaintiff holds an unsatisfied judgment and has since sued the hospital for payment of the judgment. His suit was based on the failure of the hospital to supervise its physician's compliance with the financial responsibility obligations under section 458.320. The trial court agreed with plaintiff and entered judgment accordingly. We reverse. In the action below, both parties moved for summary judgment and the case was presented to the trial judge on stipulated facts. Dr. Derek
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