WOODS v. HOLY CROSS HOSPITAL

No. 75-3523.

591 F.2d 1164 (1979)

Nellie WOODS, as Personal Representative of the Estate of John N. Woods, Plaintiff-Appellant, v. HOLY CROSS HOSPITAL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 26, 1979.


Attorney(s) appearing for the Case

George A. Kokus, Arthur N. Cohen, Susan Goldman, Miami, Fla., for plaintiff-appellant.

Larry Klein, West Palm Beach, Fla., Edward I. Pollock, Los Angeles, Cal., amicus curiae for Assn. of Trial Lawyers of America.

Barry L. Silber, Asst. Atty. Gen., Tallahassee, Fla., amicus curiae for State of Fla.

Rex Conrad, Paul R. Regensdorf, Fort Lauderdale, Fla., for Holy Cross, etc. et al.

James E. Tribble, Mark Hicks, Richard A. Sherman, Miami, Fla., for Dr. Jefferson R. Edwards et al.

Before JONES, RONEY, and TJOFLAT, Circuit Judges.


TJOFLAT, Circuit Judge:

In this case we are called upon to examine portions of Florida's Medical Malpractice Law1 and determine whether its mandate that a medical malpractice claimant participate in a mediation process prior to bringing an action in court must be enforced by a federal district court in a diversity case. For the reasons set forth below, we find that this requirement meets federal constitutional standards and must be applied...

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