Rand v. Hatch

A Petition for Writ of Certiorari to the Circuit Court for Miami- Dade County, David L. Tobin, Judge. Petitioners Dr. Leon Rand and Nurse Connie Jackson seek certiorari review of the denial of their motion to dismiss the complaint for medical negligence filed by respondents Janice and Craig Hatch. In denying the motion to dismiss, the trial court found that general maritime law, rather than Florida state law, applies to the medical malpractice allegedly committed by petitioners while serving as cruise ship medical personnel on the high seas. We agree with the trial court that because the case is governed by general maritime law, the Hatches did not have to comply with the mandatory pre-suit screening requirements of Florida's Medical Malpractice Act, see § 766.106, Fla. Stat. (1997), prior to filing their complaint. The motion to dismiss was thus properly denied and we deny the petition for writ of certiorari.