St. Mary's Hospital, Inc. v. Phillipe

How courts have described this case

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

• noting that - 17 - “the loss of a survivor is not diminished by the mere fact that there are multiple survivors”
• recognizing the “cardinal rule of statutory construction that a statute must be construed in its entirety and as a whole”
• stating that \[i]f the Legislature intended for the Wrongful Death Act to control the elements of damages available in a medical malpractice arbitration\ it could have provided for the application of the Wrongful Death Act to the Medical Malpractice Act
• “Differentiating between a single claimant and multiple claimants bears no rational relationship to the Legislature’s - 13 - stated goal of alleviating the financial crisis in the medical liability insurance industry.”
• “[T]he most significant incentive for defendants to concede liability and submit the issue of damages to arbitration is the $250,000 cap on noneconomic damages.”
• “Arbitration is not voluntary according to section 766.207(7)(k) because ‘a claimant who rejects a defendant’s offer to arbitrate shall be subject to the provisions of section 766.209(4),’ which limits the noneconomic damages to be awardable at trial to $350,000.” (emphasis added

Source: CourtListener parenthetical corpus (CC0).