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BOCA RATON COMMUNITY HOSP. v. TENET HEALTH CARE

No. 07-14352.

582 F.3d 1227 (2009)

BOCA RATON COMMUNITY HOSPITAL, INC., a Florida not-for-profit corporation d.b.a. Boca Raton Community Hospital, Inc., Plaintiff-Appellant, Office of the Attorney General, Department of Legal Affairs, Plaintiff, v. TENET HEALTH CARE CORPORATION, a Nevada corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 4, 2009.

Attorney(s) appearing for the Case

Bruce Rogow, Cynthia E. Gunther, Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Plaintiff-Appellant.

Peter Prieto, Holland & Knight, LLP, Miami, FL, Susan Elisabeth Engel, Karen M. Walker, Kirkland & Ellis, LLP, Washington DC, Jay Philip Lefkowitz, Kirkland & Ellis, LLP, New York City, for Defendant-Appellee.

Before DUBINA, Chief Judge, CARNES, Circuit Judge, and RESTANI, Judge.

CARNES, Circuit Judge:

More than a hundred years ago the mother of modern nursing, Florence Nightingale, observed: "It may be a strange principle to enunciate as the very first requirement in a Hospital that it should do the sick no harm. It is quite necessary, nevertheless, to lay down such a principle...."1 When Nightingale wrote those words hospitals were not the sanitary sanctuaries they have become, and the harm she meant to shield...

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