South Miami Hospital, Inc. v. Perez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that allegations of nurses failing to monitor a patient and leaving him unattended and unrestrained was a claim arising from failure to render medical services
• finding that plaintiffs premises liability claim was a “[disingenuous attempt] to avoid the [pre-suit notice] requirements of Chapter 766 by characterizing the [d]eeedent as a mere ‘business invitee’” because the claim was essentially a medical malpractice action
• explaining that medical provider’s decision to leave critical care patient unrestrained and unsupervised in hospital bed, causing patient to fall out and injure himself, did not amount to exercise of medical care or skill for purposes of medical malpractice requirements
• rejecting the plaintiff’s “disingenuous[] attempts to avoid” pre-suit requirements for medical malpractice actions by “recharacterizing” the allegations
• rejecting an ordinary negligence claim that “flies in the face of logic”
• claim for damages attributable to patient’s fall from a hospital bed in the critical care unit deemed a medical negligence action

Source: CourtListener parenthetical corpus (CC0).