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BEACHES HOSPITAL v. LEE

No. PP-97.

384 So.2d 234 (1980)

The BEACHES HOSPITAL and Hartford Accident & Indemnity Company, Appellants, v. William J. LEE, M.D., Appellee.

District Court of Appeal of Florida, First District.

May 30, 1980.

Attorney(s) appearing for the Case

Charles Cook Howell, Jr. of Howell & Howell, Jacksonville Beach, for appellants.

V. James Facciolo of Searcy, Smith, Facciolo & Kirby, Jacksonville, for appellee.

ERVIN, Judge.

Marie Collins filed a medical malpractice claim against both the appellee, Dr. Lee, and the appellant hospital seeking damages resulting from both parties' alleged negligence in leaving a surgical sponge within her abdomen following a 1976 hernia operation. Collins withdrew her mediation claim against Dr. Lee, after which the hospital withdrew its answer and refused to mediate. Collins sued the hospital in circuit court, and it filed a third-party claim...

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