Cressman Law Firm, P.A.

A final order dismissing a wrongful death complaint against Shands at Lake Shore, Inc., a private hospital was reversed by the appellate courts. The First District Court of Appeal concluded that the immunity which is afforded to the physicians of the Florida College of Medicine does and should not extend to a private hospital. The court concluded that the sovereign immunity statute in Florida, Section 768.28(9)(a) does prevent a claim of liability against a private hospital for the conduct of a public employee working under the supervision and control of the private hospital. Andrew v. Shands At Lake Shore, inc, 33 FLW D30(g) (Fla. 1st DCA December 20, 2007)

Locally, here in Orange County, Florida, many residents may not be aware that Health Central, the facility located in Ocoee enjoys sovereign immunity. Patients who are admitted to Health Central, and who have been injured as a result of medical negligence are usually surpirsed to learn that their claims are limited by the sovereign immunity statutes. Health Central is owned and operated by an entity known as the West Orange Healthcare District. While this entity served a useful purpose at one time (providing much needed health care to the residents and citrus workers of western Orange County) many now say that it has outlived its usefulness and should be stripped of its overeign immunity status.

Remember, the next time you or a loved one is admitted to Health Central you should be aware that should a medical mishap occur it is doubtful you or your family will ever be able to collect the full measure of your damages should an injury occur.