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BURGESS v. NORTH BROWARD HOSP. DIST.

No. 4D12-1951.

126 So.3d 430 (2013)

Shirley BURGESS, the Personal Representative of the Estate of Elliott Burgess, Deceased, Appellant, v. NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center; Amos W. Stoll, M.D.; John/Jane Doe(s), as yet to be identified physicians, nurses as well as other agents, employees of North Broward Hospital District or Broward General Medical Center; John Doe Business(es), as yet to be identified manufacturer, distributor, vendor, as well as the physicians and/or agents thereof of one (1) or more of the devices, tools, or instruments, not limited to but including the drill(s), used to create the burr hole during the `right frontal burr hole and evacuation of chronic subdural hematoma' of Elliott Burgess on October 21, 2006, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 18, 2013.

Attorney(s) appearing for the Case

Ralph O. Anderson of Ralph O. Anderson, P.A., and William N. Hutchinson, Jr. , P.A., Fort Lauderdale, for appellant.

Janine Kalagher McGuire of Conrad & Scherer, LLP, Fort Lauderdale, for appellees North Broward Hospital District and Amos Stoll, M.D.

STEVENSON, J.

Appellant, Shirley Burgess, brought this action below to recover damages for the death of her husband while a patient at North Broward Hospital District d/b/a Broward General Medical Center ("the Hospital"). In this appeal, Burgess challenges an order dismissing with prejudice her claim under 42 U.S.C. § 1983 for denial of access to the courts against the Hospital and Amos Stoll, M.D. (collectively "the...

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