HomeMy WebLinkAbout0363 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT JULY TERM 1979
LURRIE MOTT, as parent and ) L'TIt~tE
Natural Guardian of MARLON ) NOT FINAL ZJt~1
MOTT , ) Z'O FIL'E REHEARING PETITION
AND, ~ FILFD, DI~iOSED OF.
Appellant, )
) CASE N0. 78-2124.
FORT PIERCE MEMORIAL )
HOSPITAL, )
Appellee. )
Opinion filed October 3, 1979.
Appeal from the Circuit Court for
St. Lucie County; Royce R. Lewis, Judge.
Michael S. Rosier, Gifford, for appellant.
Everett J. Van Gassbeck of Jones, Paine &
Foster, Vero Beach, for appellee.
DO:7NEY, C.J.
Appellant seeks reversal of a final summary judgment
for appellee in a medical malpractice case.
The issues to be decided here are whether there were
genuine issues of material fact regarding the date appellant dis-
covered the alleged malpractice, and whether appellee was pre-
eluded from raising the statute of limitations as an affirmative
defense in this case because it had not pleaded that defense in
a prior medical mediation proceeding. -
The facts giving rise to said issues, as we glean
them from the briefs, are that on October 2, 1975, Marlon Mott,
a minor, caas admitted to the emergency room of appellee hospital
for treatment of a lacerated foot. The wound was cleansed,
sutured and Marlon was discharged. On October 17, 1975, Marlon
returned to the same emergency room complaining that the wound ,
continued to bleed. Once again the wound was cleansed, dressed
and the patient discharged. Appellant contends that further
treatment was requested at that time but refused. Thereafter
Marlon and his mother went to the Indian River Memorial Hospital
~ 800K 3~.9 PaGE e~2