[Download] "State Florida v. Charles Flood" by Fifth District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Florida v. Charles Flood
- Author : Fifth District Court of Appeal of Florida
- Release Date : January 17, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The defendant, NME Properties, Inc., d/b/a East Manor Medical Care Center (East Manor), seeks a writ of certiorari requiring the plaintiff, Theresa E. McCullough, to comply with the presuit conditions of chapter 766 before proceeding with this lawsuit. We deny the writ because East Manor is a nursing home and is not itself a "health care provider" for purposes of section 766.106, Florida Statutes (1989). The plaintiffs complaint does not allege that any of the nursing homes agents or employees involved in this case are health care providers, nor does it allege a "claim for medical malpractice" as defined in section 766.106(1)(a), Florida Statutes (1989). The plaintiffs complaint does not seek recovery based on either direct or vicarious liability under the professional standard of care for medical negligence described in section 766.102, Florida Statutes (1989). Accordingly, the presuit requirements of chapter 766 do not apply to the complaint.
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