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McSWAIN v. DUSSIA

No. BJ-169.

499 So.2d 868 (1986)

Alice R. McSWAIN, Appellant, v. Evan Earl DUSSIA, II, M.D.; Duval County Hospital Authority, D/B/a University Hospital of Jacksonville; the Florida Patient's Compensation Fund; and University Hospital Academic Fund, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 20, 1987.

Attorney(s) appearing for the Case

Donald Ray Coleman, Jr., of Wood & Atter, P.A., Jacksonville, and Larry Klein and John R. Beranek of Klein & Beranek, P.A., West Palm Beach, for appellant.

Gerald A. Schneider, Gen. Counsel, and Steven E. Rohan, Asst. Counsel, Jacksonville, for appellee Duval County Hosp. Authority.

Paul M. Harden of Smith, Davenport, Bloom, & Harden, Jacksonville, for appellee Compensation Fund.

ZEHMER, Judge.

In this medical malpractice action by Alice McSwain against the Duval County Hospital Authority, doing business as University Hospital of Jacksonville, and others, the trial court granted summary judgment for the Authority on the ground that McSwain had failed to give timely notice of her claim to the Department of Insurance, as required by section 768.28(6), Florida Statutes (1985). The first point raised is whether this notice requirement is waivable...

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