Appellate court affirms dismissal of claims against Florida acute care hospital.
We obtained an appellate decision affirming the dismissal, with prejudice, of a wrongful death lawsuit filed against a long-term acute care hospital in Florida. The claim alleged the hospital improperly transferred the patient to another hospital without an adequate handoff and appropriate medications, resulting in the death of the patient shortly after arrival at the receiving hospital. The plaintiff sought damages for medical negligence and intentional infliction of emotional distress. The Fifth District Court of Appeal affirmed the dismissal, with prejudice, on the basis that the plaintiff failed to comply with the mandatory pre-suit screening procedures required by statute and failed to assert an actionable claim for an intentional tort against the hospital.