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HomeMy WebLinkAbout0077 1 wrongful cases anii/or medical malpractice cases we are normally referring to that "class of cases" which involve serious, complex and ~ unique issues of damages and liability. It is thought by many that there is no more intricately complex and technical type of injury or death litigation like that of the class of cases dealing in medical negligence. In considering all of the surrounding facts and circum- stances pertaining to the two year limitations period, logic and reason mandate the absolute necessity for a longer period of time (four years). 4. Plaintiffs have alleged a valid cause of action against Defendant, HERNANDEZ, for the "tort of outrage." Said allegation de- mands relief from a legally recognizable cause of action. The "tort of outrage" is reprehensible conduct by way of acts or omissions on the part of a Defendant which causes damage to a Plaintiff including the "intangible" damages of pain and suffering and mental pain and anguish. The tort of outrage is recognized in Florida if Plaintiff can show that Defendant is guilty of "conduct exceeding all bounds reasonably toler- ated by society such as to imply malice or an entire want of care or great indifference.". Estate of Harper v. Orlando Funeral Home, 366 So.2d. 126 (Fla. 1st DCA 1979); see also Gruenberg v. Aetna, 510 Pacific 2d 1032 (California 1973); World Insurance Company v. Wright, 308 So.2d 612 (Fla. 1st DCA 1975); Gellert v. Eastern Airlines, Inc., 370 So.2d 802 (3rd DCA 1979). Obviously this alleged tort must be proven. 5. The Defendants have raised the issue that this -litigation is barred due to the fact that the "personal representa- tive" of the infant's estate has not yet mediated and has therefore not complied with the Medical ?Zeddation Statute and also that the statute of limitations has run as against the personal representa- tive since the personal representative has not mediated ,or filed a claim prior to the two year period. Tn the medical *~ediation Complaints filed in this instance, Claimants alleged that the Defend- ants caused the stillbirth and plaintiffs also alleged damages of the parents for damages normally considered to be those common to a wrongful death action such as pain and suffering or mental anguish. In the riedical mediation Complaint, the Plaintiffs alleged acts o~ negligence in the form of acts or omissions and pled damages. It -7- ~ooK3z6 ~ 77'