MALPRACTICE - GOVERNMENTAL IMMUNITY

Pagan v. Sarasota County Pub. Hosp. Bd., 2004 WL 1809862 (Fla. Dist. Ct. App. Aug. 13, 2004)

A public hospital board and its nonprofit corporation (a group which employs numerous physicians in many specialties at multiple sites) filed a declaratory relief action in state court seeking governmental immunity in medical malpractice suits brought against the group and some of its physicians.

At the hearing for summary judgment, the undisputed facts showed that the hospital board created the group, initially funded it, and still partially funds it. Also, the hospital board had the power to dissolve the group and to claim any assets upon dissolution of the group. Further, the hospital board elected the group's board members, the group's board members served at the pleasure of the hospital board, and a majority of the group's board members were required to be hospital board members. Finally, the facts showed that the chief executive officer of the hospital board was required to be the president of the group.

The appeals court confirmed the trial court ruling, finding that the group and its physicians were entitled to governmental immunity.