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Civil Procedure Keyed to Babcock
Woods v. Holy Cross Hospital
Citation:
591 F.2d 1164 (5th Cir. 1979)Facts
Plaintiff, wife of decedent, sued Defendant Holy Cross Hospital, two of its doctors, and the doctors’ insurers under Florida’s Wrongful Death Act alleging the doctors’ malpractice caused her husband’s death. The parties were rightfully in federal court based on diversity jurisdiction. Defendant Holy Cross Hospital filed a motion to dismiss based on Plaintiff Woods’ failure to submit to a mediation panel as was required by the Florida statute. The district court granted the motion and Plaintiff Woods appealed.
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