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RODRIGUEZ v. NURSING CENTER AT MERCY

No. 3D99-363.

752 So.2d 1231 (2000)

Helena RODRIGUEZ, on Behalf of the ESTATE OF Elena RODRIGUEZ BOBES, Appellant, v. THE NURSING CENTER AT MERCY, owned and operated by Egremont Healthcare Associates, a General Partnership consisting of Lenox Healthcare, Inc., a Massachusetts corp., M.K., Inc., an Indiana corp., and Mercy Hospital, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Third District.

February 23, 2000.

Attorney(s) appearing for the Case

Spiegel & Utrera and Jessica S. Forbes and Julian Sanchez; John J. Spiegel, Miami, for appellant.

Sonneborn Rutter Cooney Klingensmith and Mark Klingensmith and William T. Viergever (West Palm Beach), for appellees.

Caruso, Burlington, Bohn & Compiani and Philip M. Burlington, West Palm Beach, for The Academy of Florida Trial Lawyers as amicus curiae.

Before JORGENSON, COPE, and LEVY, JJ.

PER CURIAM.

The issue of whether a personal representative can bring an action under Section 400.023 in connection with an infringement of a patient's right that does not lead to the death of the patient is not an issue in this case since the only allegations in the Complaint concerning the infringement of a patient's right relate to a right that the plaintiff/appellant contends led to the patient's death. Accordingly, we need not address that issue. Regarding...

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