(Download) "Public Health Trust Dade County v. Gregoria Valcin" by Supreme Court of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: Public Health Trust Dade County v. Gregoria Valcin
- Author : Supreme Court of Florida
- Release Date : January 30, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In reversing in part the summary judgment resolving all issues in a medical malpractice action in favor of defendant/petitioner Public Health Trust of Dade County, d/b/a Jackson Memorial Hospital (Hospital) and against plaintiff/respondent Gregoria Valcin (Valcin), the district court adopted a scheme of evidentiary presumptions to be utilized when the absence of surgical operative notes impairs the plaintiffs ability to establish his case. Valcin v. Public Health Trust, 473 So.2d 1297 (Fla. 3d DCA 1984). Because the scheme involved an irrebuttable presumption, found violative of due process in Straughn v. K & K Land Management, Inc., 326 So.2d 421 (Fla. 1976), we find jurisdiction based on conflict. Art. V, ? 3(b)(3), Fla. Const. We approve in part and quash in part the decision under review.