ECHARTE, A MINOR, BY AND THROUGH HER PARENTS AND NATURAL GUARDIANS, ECHARTE ET AL.

v.

UNIVERSITY OF MIAMI, DBA UNIVERSITY OF MIAMI SCHOOL OF MEDICINE

Citator

Cited By

• Agency FOR Health Care Admin. v. Associated Indus. OF Fla., Inc., 678 So. 2d 1239 (Fla. 1996)
  …second test. Ordinarily, when the legislature has sought to limit access to the courts, it has taken great care to delineate why an overpowering public necessity requires it. E.g., University of Miami v. Echarte, 618 So. 2d 189 (Fla.), cert. denied, 510 U.S. 915, 114 S.Ct. 304, 126 L.Ed.2d 252 (1993). The legislature made no such effort in the enactment of the 1994 amendments. Clearly, federal law does not require the creation of any remedy to recoup Medicaid expenses, with the exception of the traditional…

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• ST. Mary's Hosp., Inc. v. Phillipe, 699 So. 2d 1017 (Fla. 4th DCA 1997)
  …ers should be subject to a stay as of right, and has just as clearly provided in section 766.212 that no such right should be given. Moreover, as the supreme court itself noted in University of Miami v. Echarte, 618 So. 2d 189 (Fla.), cert. denied, 510 U.S. 915, 114 S.Ct. 304, 126 L.Ed.2d 252 (1993), prompt payment of an award in medical malpractice arbitration is one of the trade-offs for claimants who give up their right to a trial by jury and agree to arbitration. We cannot say that such substantive leg…

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• Diaz v. Cchc-Golden Glades, Ltd., 696 So. 2d 1346 (Fla. 3d DCA 1997)
  …ents of an adult child with respect to claims for medical malpractice as defined by s.766.106(l). .Because there is no contention that section 768.21(8) is itself invalid, cf. University of Miami v. Echarte, 618 So. 2d 189 (Fla.1993), cert. denied, 510 U.S. 915, 114 S.Ct. 304, 126 L.Ed.2d 252 (1993); Smith v. Department of Ins., 507 So. 2d 1080 (Fla.1987); Vildibill v. Johnson, 492 So. 2d 1047 (Fla.1986), we note, but do not pass upon that possibility.…