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LOWER FLORIDA KEYS HOSPITAL DISTRICT v. SKELTON

No. 81-1236.

404 So.2d 832 (1981)

LOWER FLORIDA KEYS HOSPITAL DISTRICT d/b/a Florida Keys Memorial Hospital, Petitioner, v. Galen SKELTON, a Minor, by and through Her Parents and Next Friends, Sanetta J. Skelton and James C. Skelton, Individually; the Public Health Trust of Dade County, Florida, D/B/a Jackson Memorial Hospital, Stanley Coira, M.D., Stanley Coira, P.A., Richard C. Walker, M.D., Richard Walker, P.A., and Florida Patient's Compensation Fund, Respondents.

District Court of Appeal of Florida, Third District.

October 13, 1981.

Attorney(s) appearing for the Case

Carey, Dwyer, Cole, Selwood & Bernard and Michael C. Spring, Miami, for petitioner.

Simons & Schlesinger and Carole A. Gardiner, Fort Lauderdale, for respondents.

Before BARKDULL, HENDRY and JORGENSON, JJ.

PER CURIAM.

Respondents (Skelton) commenced a medical malpractice action against the petitioner and the other respondents herein. The respondent, Dr. Coira, propounded interrogatories requesting collateral source information. Respondents (Skelton) objected to such interrogatories on the grounds that same was unconstitutional and deprived the respondents of due process. The trial court declared Section 768.50, Florida Statutes (1979) to be unconstitutional as depriving...

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