DIRK FRANZEN, M.D. AND DIRK FRANZEN, M.D., P.A., APPELLANTS,
v.
HENRY E. MOGLER AND DONNA MOGLER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF MICHAEL MOGLER, DECEASED, APPELLEES

Fla. 4th DCA | 1997-07-30
No. 96-2356
GUNTHER, J. and MAY, MELANIE G., Associate Judge, concur.
699 So. 2d 1026 Florida District Court of Appeal, Fourth District (1997) Positive Treatment
Cited by 4 cases
Opinion of the Court
FARMER, Judge.

FARMER, Judge.

This case presents only issues identical to those we have today decided in St. May’s Hospital Inc. v. Phillipe, No. 96-2321, 699 So. 2d 1017 (Fla. 4th DCA July 30, 1997). We therefore make the same disposition here. We reverse the award of non-economie damages because we have concluded that the $250,000 limit does not apply to each claimant but, as the statute itself says, to each incident. We affirm on the economic damages issue because we have concluded that such damages are controlled by the Medical Malpractice Act and not by the Wrongful Death Act.

GUNTHER, J. and MAY, MELANIE G., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • ST. Mary's Hosp., Inc. v. Phillipe, 769 So. 2d 961 (Fla. 2000)
    …PER CURIAM. We have before us St. Mary’s Hospital, Inc. v. Phillipe, 699 So. 2d 1017 (Fla. 4th DCA 1997), and Franzen v. Mogler, 699 So. 2d 1026 (Fla. 4th DCA 1997), which we have consolidated for review. These are medical malpractice wrongful death cases in which the defendants conceded liability. The parties voluntarily chose to use a statutorily created binding arbitration process as an a…
  • Barlow v. N. Okaloosa Med. Ctr., 877 So. 2d 655 (Fla. 2004)
    …majority opinion, Mrs. Barlow was awarded $240,000 in non-economic damages. . In St. Mary's Hospital, this Court consolidated two cases for review. See St. Mary’s Hosp., Inc. v. Phillipe, 699 So. 2d 1017 (Fla. 4th DCA 1997), and Franzen v. Mogler, 699 So. 2d 1026 (Fla. 4th DCA 1997). In St. Mary’s Hospital, the plaintiffs were allowed to recover for loss of the decedent's earning capacity, even though they would not have been entitled to such a recovery under the Wrongful Death Act. Similarly, in Mogler, the…

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