SC93649 Nathan Mizrahi v. North Miami Medical Center, Ltd

State: Florida

Docket No: sc93649

Case Date: 04/20/2000

Plaintiff: SC93649 Nathan Mizrahi

Defendant: North Miami Medical Center Correction

Preview:Supreme Court of Florida
____________ Nos. SC93649 & SC93650 ____________

NATHAN MIZRAHI, et al., Petitioners, vs. NORTH MIAMI MEDICAL CENTER, LTD., etc., et al., Respondents. and LYNN GARBER, etc., Petitioner, vs. LAWRENCE SNETMAN, M.D., et al., Respondents. [April 20, 2000] CORRECTED OPINION PER CURIAM. We have for review two decisions that pass upon the following question certified to be of great public importance:

DOES SECTION 768.21(8), FLORIDA STATUTES (1995), WHICH IS PART OF FLORIDA'S WRONGFUL DEATH ACT, VIOLATE THE EQUAL PROTECTION CLAUSE OF THE FLORIDA AND FEDERAL CONSTITUTIONS, IN THAT IT PRECLUDES RECOVERY OF NONPECUNIARY DAMAGES BY A DECEDENT'S ADULT CHILDREN WHERE THE CAUSE OF DEATH WAS MEDICAL MALPRACTICE WHILE ALLOWING SUCH CHILDREN TO RECOVER WHERE THE DEATH WAS CAUSED BY OTHER FORMS OF NEGLIGENCE? Mizrahi v. North Miami Med. Ctr., Ltd., 712 So. 2d 826 (Fla. 3d DCA 1998); Garber v. Snetman, 712 So. 2d 481 (Fla. 3d DCA 1998). We have jurisdiction. See art. V,

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