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RAYBURN v. ORANGE PARK MEDICAL CENTER, INC.

No. 1D02-0796.

842 So.2d 985 (2003)

Ralph RAYBURN, Appellant, v. ORANGE PARK MEDICAL CENTER, INC. d/b/a Orange Park Medical Center, University of Florida Jacksonville Physicians, Inc/Board of Regents of the State of Florida, Dean C. Lohse, M.D. and Northeast Florida Neurosurgery, P.A., Appellees.

District Court of Appeal of Florida, First District.

April 15, 2003.

Attorney(s) appearing for the Case

Kimberly L. Boldt of Angelo, Barry & Boldt, P.A., Fort Lauderdale; and Silva & Silva, P.A., Coral Gables, for appellant.

Jeptha F. Barbour, Sonya H. Hoener, and Susan K. Curtis of Marks Gray, P.A., Jacksonville, for appellees.

Ronald Harrop of Gurney & Handley, P.A., Orlando, Amicus Curiae for University of Florida Board of Trustees and University of South Florida Board of Trustees.

WOLF, J.

Appellant, Ralph Rayburn, challenges a final summary judgment in favor of Orange Park Medical Center (OPMC) in a medical malpractice action. The summary judgment was granted based on the application of section 240.215, Florida Statutes (1999), which immunized hospitals from vicarious liability as a result of actions of employees or agents of the Board of Regents (BOR).1 We find that the notice provided to patients by OPMC failed...

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