Arbitration & Mediation

Flesh Eating Bacteria Attacks Florida Medical Negligence Arbitration Under Chapter 766, Part II

By Christopher B. Hopkins, Esq.

The Third District (Ramirez, Rothenberg, and Schwartz) previously handed down a December 2008 decision in Lifemark Hospitals of Florida, Inc. d/b/a Palmetto Hospital v. Mercedes Alfonso as PR of Estate of Alexis Alfonso. In late March 2009, the court issued a clarified opinion. As we are overjoyed at the prospect of using "flesh eating bacteria" again in the title of a post, we're covering the decision.

The March 2009 decision is here. Our prior post sums up the situation quite well and the court did not appear to alter its opinion:

1. Florida Statute 766.207(7) is ambiguous.
2. The language in 766.207(7) and 766.202(3) provide for recovery of economic damages in a death case only to the extent allowed under the Wrongful Death Act.
3. Economic damages in arbitration under Chapter 766 can be limited to the Wrongful Death Act without violating Florida Constitution, Article I, Section 21 (access to courts).

Full post as published by Florida Arbitration Law on April 11, 2009 (boomark / email).