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MERCY HOSPITAL, INC. v. MENENDEZ

No. 80-1932.

400 So.2d 48 (1981)

MERCY HOSPITAL, INC., Appellant, v. Margarita MENENDEZ and Valentin Menendez, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 15, 1981.

Attorney(s) appearing for the Case

Adams & Ward and Robert C. Ward, Miami, for appellant.

Maguire & Friend and Michael P. Maguire, Corai Gables, for appellees.

Barrett, Bajoczky & Barrett and Frank Caldwell, Tallahassee, for The Florida Patient's Compensation Fund as amicus curiae.

Before SCHWARTZ, DANIEL S. PEARSON and FERGUSON, JJ.

SCHWARTZ, Judge.

After proceedings conducted pursuant to our decision in Mercy Hospital, Inc. v. Menendez, 371 So.2d 1077, 1079 (Fla.3d DCA 1979), cert. denied, 383 So.2d 1198 (Fla. 1980), the trial court held that the hospital had not complied with the conditions of Section 768.54(2)(b), Florida Statutes (1976 Supp.)1 so as to permit a limitation of its liability to $100,000 per medical malpractice...

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