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holding the trial court departed from the essential requirements of the law in denying the hospital's motion to dismiss where the choice of the hospital's physicians not to treat the plaintiff in the emergency room, which choice allegedly caused the plaintiff's death, called up the standard of care involved in the hospital's evaluation and treatment of the plaintiff and, therefore, the complaint stated a cause of action for medical malpractice
Summary of this case from Jane Doe v. Baptist Primary Care, Inc.Opinion
No. SC12–1387.
2014-05-22
Charles H. BURNS, et al., Petitioner, v. PALMS WEST HOSPITAL, etc., et al., Respondent.
Application for Review of the Decision of the District Court of Appeal—Direct Conflict of Decisions, Fourth District—Case No. 4D10–3629 (Palm Beach County). Scott Donaldson of Donaldson & Weston, P.A., Stuart, FL; Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, FL, for Petitioner. Donna M. Krusbe of Billing, Cochran, Lyles, Mauro & Ramsey, P.A., West Palm Beach, FL; Mark Hicks and Jedidiah Vander Klok of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, FL, for Respondent.
Application for Review of the Decision of the District Court of Appeal—Direct Conflict of Decisions, Fourth District—Case No. 4D10–3629 (Palm Beach County).
Scott Donaldson of Donaldson & Weston, P.A., Stuart, FL; Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach, FL, for Petitioner. Donna M. Krusbe of Billing, Cochran, Lyles, Mauro & Ramsey, P.A., West Palm Beach, FL; Mark Hicks and Jedidiah Vander Klok of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, FL, for Respondent.
PER CURIAM.
We initially accepted jurisdiction to review the decision of the Fourth District Court of Appeal in Palms West Hospital Ltd. Partnership v. Burns, 83 So.3d 785 (Fla. 4th DCA 2011), based on express and direct conflict with Integrated Health Care Services, Inc. v. Lang–Redway, 840 So.2d 974 (Fla.2002), Joseph v. University Behavioral LLC, 71 So.3d 913 (Fla. 5th DCA 2011), Fassy v. Crowley, 884 So.2d 359 (Fla. 2d DCA 2004), Lake Shore Hospital, Inc. v. Clarke, 768 So.2d 1251 (Fla. 1st DCA 2000), Lynn v. Mount Sinai Medical Center, Inc., 692 So.2d 1002 (Fla. 3d DCA 1997), and Liles v. P.I.A. Medfield, Inc., 681 So.2d 711 (Fla. 2d DCA 1995). Seeart. V, § 3(b)(3), Fla. Const.; Burns v. Palms W. Hosp., No. SC12–1387, 2013 WL 6978501 (Fla. order entered June 3, 2013). However, upon further consideration, we have determined that we should exercise our discretion to discharge jurisdiction in this cause. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.
It is so ordered. POLSTON, C.J., and LEWIS, LABARGA, and PERRY, JJ., concur.
CANADY, J., concurs in result.
QUINCE, J., dissents.
PARIENTE, J., recused.