
Compiled by Don Freeman, FJA Legislative Analyst
St. Joseph’s Hospital, Inc. v. Jane Doe
Opinion from the Second DCA filed January 13, 2017
Appellant claimed she was sexually assaulted by an employee of St. Joseph’s while a patient in its mental health unit. Count one of the complaint alleged negligence for failing to prevent the attack from happening. Count two alleged violations of § 766.110, Fla. Stat., entitled “Liability of Healthcare Facilities,” for failing to have and comply with a comprehensive risk management program, pursuant to § 395.0197, Fla. Stat., tasked with investigating and reviewing “adverse incidents.” St. Joseph’s tried to argue that summary judgment should be granted because this was a medical malpractice case and presuit was not followed. Trial court denied on both counts.