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Filtered by category: medical malpractice presuitFebruary 23, 2024
1st dca, medical malpractice presuit, sovereign immunity florida, wrongful deathFagan v. Jackson County Hospital District
In this Florida case, the court dismissed a wrongful death claim against Jackson County Hospital District due to missed statutory notice requirements. The plaintiff failed to notify the Florida Department of Financial Services (DFS) within the two-year deadline required under Fla. Stat. § 768.28(2) for suing state agencies. Although the plaintiff argued that the presuit tolling provisions for medical malpractice should extend the notice period, the court held that these provisions apply only to filing deadlines, not to statutory notice requirements for state entities. The District Court of Appeal affirmed the dismissal, emphasizing the strict interpretation of sovereign immunity laws.
read moreMarch 15, 2023
3rd dca, 1983 excessive force, amendment of pleadings, business records, certificate of service, corporate representative, discovery sanctions violations, florida civil rights claim, hearsay, impact rule, medical malpractice presuit, negligence duty, personal jurisdiction, summary judgement standardWillis v. Accenture, Inc.
willis sued accenture under the florida civil rights act of 1992 (fcra) as codified in section 760.01, fla. stat. and for tortious interference with a business relationship.
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