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PINILLOS v. CEDARS OF LEBANON HOSPITAL CORP.

No. 59021.

403 So.2d 365 (1981)

Rene PINILLOS, As Personal Representative for the Estate of Margarita Pinillos, Deceased, Surviving Spouse; Vanessa Margarita Pinillos, Surviving Child and the Estate of Margarita Pinillos, Appellants/Cross-Appellees, v. CEDARS OF LEBANON HOSPITAL CORPORATION and the Florida Patients Compensation Fund, Appellees/Cross-Appellants.

Supreme Court of Florida.

Rehearing Denied September 29, 1981.

Attorney(s) appearing for the Case

Edward A. Perse of Horton, Perse & Ginsberg, and Ratiner & Glinn, Miami, for appellants/cross-appellees.

Mel Lamelas of Lanza, Sevier & Womack, Coral Gables, for appellees/cross-appellants.

ALDERMAN, Justice.

The final judgment in this medical malpractice wrongful death action is before us on direct appeal because the trial court held section 768.50, Florida Statutes (1979) (Collateral Sources of Indemnity), to be unconstitutional.1 This section requires that any judgment in a medical malpractice action be reduced by any amounts which the plaintiff has received from collateral sources.

Plaintiffs, the surviving spouse...

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