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ROCKLEDGE HMA, LLC v. LAWLEY

Case No. 5D19-1223 5D 19-1919 5D19-1225 5D19-1957.

310 So.3d 112 (2020)

ROCKLEDGE HMA, LLC, Health Management Associates, Inc. of Delaware, Gary D. Newsome, Florida Emergency Specialists, LLC, Apollomd Physician Services FL, LLC and Christopher Hill, M.D., Petitioners, v. Michael S. LAWLEY, Individually and as Personal Representative of the Estate of Shannon C. Lawley and Patricia Lawley, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 29, 2020.

Attorney(s) appearing for the Case

Wilbert R. Vancol , and Thomas E. Dukes, III , of McEwan, Martinez, Dukes & Hall, P.A., Orlando, for Petitioners, Florida Emergency Specialists, LLC, Appollomd Physicians Services FL, LLC., and Christopher Hill, M.D.

Michael R. D'Lugo , and Richards H. Ford , of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Orlando, for Petitioners, Rockledge HMA, LLC, Health Management Associates, Inc. of Delaware, and Gary D. Newsome.

Phillip M. Burlington , of Burlington & Rockenbach, P.A., West Palm Beach, Theodore Babbitt , of Babbitt & Johnson, P.A., West Palm Beach, and S. Sammy Cacciatore, Jr. , of Nance, Cacciatore, Hamilton, Barger, Nance & Cacciatore, of Melbourne, for Respondents.

The issue presented by these consolidated petitions is whether a claim arising out of the alleged failure to complete a medically necessary transfer, as part of a scheme to increase admission rates for strictly financial reasons, sounds in medical malpractice. Because the claim raised here directly relates to medical care or services,...

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