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appears (fiat the deficiency alleged by the Defendants pertains to the
fact that although-Plaintiffs were named as individual parties
(ELIZABETH GARWOOD and LESTER GARWOOD, JR.), that there was also not
a naming of the personal representative through which the case could i
be brought.
Obviously, any such alleged deficiency would under
these circumstances cause no prejudice whatsoever to any of these
Defendants. The issue for mediation is strictly one of liability
and did not at all deal with damages. Mediation is not a personal
injury law suit nor is it a wrongful death suit. Rather, it is a
determination of liability. The Defendants therein were on notice
as to the claim in terms of liability and the stillbirth. Defendants'
position is unwarranted. See Garcia v. Dade County Public Health
Trust, 369 So.2d 634 (3d DCA 1979).-
6. The remainder of Defendants' Motions to Dismiss are
denied.
7. Defendant, HERNANDEZ's motion to Dismiss the puni-
tive damages claim against-him is denied. Punitive damages may be
awarded in a medical-malpractice case where the physician's negli-
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j Bence is wanton, gross, or where the defendant acts with utter indif-
~ ference towards his patient.
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3. The constitutionality of the Medical "Mediation Act
was briefly discussed at the hearing held on the 11th day of
February, 1980. The constitutionality of said Act was discussed and
argued during the hearing held on the 15th day of January, 1980.
Should the~Defendants desire additional argument on this issue, they
must request such time in order to prepare additional briefs or
memoranda immediately upon receipt of this Order.
The Medical *lediation Act or Statute is unconsti-
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tutional and hence, the results of the `?ediation Panel in the case
mediated against Defendant, ARRIOLA and Defendant, FORT PIERCE
MEMORIAL HOSPITAL, are null and void and thus inadmissible on the
following grounds:
a) Admission of the conclusion of the Medical
Mediation Panel in a subsequent trial denies the parties their
right to a trial by jury.
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