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O'SHEA v. PHILLIPS

No. 98-2647.

746 So.2d 1105 (1999)

Daniel O'SHEA, and Pamela O'Shea, his wife, Appellants, v. Dr. Reginald PHILLIPS, M.D., and Cleveland Clinic Florida, a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing November 24, 1999.

Attorney(s) appearing for the Case

Beverly A. Pohl, and Bruce S. Rogow of Bruce S. Rogow, P.A., Fort Lauderdale, and Steven D. Miller, Plantation, for appellants.

Paul R. Regensdorf, and Thomas G. Aubin of Akerman, Senterfitt & Eidson, P.A., Fort Lauderdale, for Appellee-Cleveland Clinic Florida, a Florida corporation.

GROSS, J.

The issue in this case is whether Chapter 766, Florida Statutes (1997), presuit requirements apply to a claim that a health care facility negligently supervised or retained an employee who sexually assaulted a patient. We hold that the chapter's presuit requirements do apply, and we affirm the order of dismissal entered by the trial court.

Daniel O'Shea ("O'Shea") filed a second amended complaint against Cleveland Clinic Florida ("Cleveland Clinic...

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