Florida Supreme Court
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March 6, 2014
Charles Burns, etc., et al. vs. Palms West Hospital, etc. et al.
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The estate of Enrique Casanovas sued Palms West Hospital after his death, alleging its
specialists had refused to treat him and that the hospital had negligently kept those
doctors on staff after they had failed to treat other patients before him. The hospital
argued the estate had ignored pre-suit requirements mandated under Florida's medical
malpractice law. The trial court dismissed the hospital's motion to dismiss but the
Fourth District Court of Appeal overturned the trial court. The estate argues here that
this claim is not a claim for medical malpractice subject to the pre-suit requirements.