CopyCited 73 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 1782, 2008 WL 215210
...Thus, we find NHJ to be situated in “like circumstances” with such
23
hospitals.
The district court found that NHJ was analogous to a private hospital that
treats only a select group of patients. We disagree. Under § 395.002(28) of the
Florida Code, a “[s]pecialty hospital” is defined as any facility meeting the
definition of a “hospital” under subsection (12) of that section, and which restricts
its services to (a) “a defined age or gender group...
...opulation;” (b) the
“diagnosis, care, and treatment of patients with specific categories of medical or
psychiatric illnesses or disorders;” or (c) “[i]ntensive residential treatment
programs” for patients under the age of 18. Fla. Stat. § 395.002(28)(a)-(c)....
CopyCited 57 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3833035, 2012 U.S. App. LEXIS 18680
...ambulatory
surgical center, or mobile surgical facility, AvMed is not subject to this statute.
See Hendley v. State,
58 So. 3d 296, 298 (Fla. Dist. Ct. App. 2011) (finding that
Fla. Stat. §
395.3025 only applies to licensed facilities defined in §
395.002(16)
and not to pharmacies)....
CopyCited 24 times | Published | Florida 1st District Court of Appeal
...for the Agency for Health Care Administration, Tallahassee, for Appellee. LEWIS, J. Appellant, Florida Hospital, appeals a final order of appellee, the Agency for Health Care Administration (AHCA), which approved a recommended order from the Division of Administrative Hearings finding that appellant violated sections
395.002(15) and
395.0197(6), Florida Statutes (1997), by failing to report a hypoxic event that caused brain damage to a patient as a Code 15 occurrence....
...on the part of the hospital or personnel of the hospital; (d) Results in a surgical procedure being performed on the wrong patient; or (e) Results in a surgical procedure being performed that is unrelated to the patient's diagnosis or medical needs. § 395.002(2), Fla....
...it providing a more acute level of care; (i) Any condition that extends the patient's length of stay; or (j) Any condition that results in a limitation of neurological, physical, or sensory function which continues after discharge from the facility. § 395.002(15), Fla....
...the statutes' plain meaning. According to appellant, the Legislature did not intend to include those injuries that result in a "limitation of neurological, physical, or sensory function which continues after discharge from the facility" pursuant to section 395.002(15)(j), on the one hand, and include all injuries that result in even transient limitations of neurological or sensory function which do not continue after discharge from the facility within the meaning of "brain damage." We disagree. The term "brain damage" exists under the list of every potential injury, enumerated in section 395.002(15), Florida Statutes (1997), separate and apart from "[a]ny condition that results in a limitation of neurological, physical, or sensory function which continues after discharge from the facility." §§ 395.002(15)(b) and (j), Fla....
...occurrence. Appellant argues that this section should be interpreted as if the word "permanent" appears before the word "brain." However, from our reading of the statute, we agree with AHCA because the only term in the list of injuries enumerated in section 395.002(15) that the Legislature described as "permanent" is that of disfigurement....
...); see also Black's Law Dictionary 393 (7th ed.1999) (defining "damage" as "loss or injury to person or property"). This dictionary definition of "damage" does not confine the term to only permanent injury. Therefore, based upon the plain meaning of section 395.002(15), Florida Statutes (1997), brain damage can result even if a patient, such as S.P., returns to a neurological baseline....
CopyCited 19 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 40, 2010 Fla. LEXIS 43, 2010 WL 114510
...an participant and also an employee of the hospital, as opposed to a participating physician who merely has staff privileges. Bayfront,
982 So.2d at 708-09; All Children's,
989 So.2d at 3. We disagree. Although NICA does not define the term "staff," section
395.002(19), Florida Statutes (1997), the chapter relating to hospital regulations and licensing, defines "medical staff" as "physicians licensed ... with privileges in a licensed facility, as well as other licensed health care practitioners with clinical privileges as approved by a licensed facility's governing board." Section
395.002(6) defines "clinical privileges" as "the privileges granted to a physician or other licensed health care practitioner to render patient care services in a hospital." Accordingly, Bayfront is not excluded from the requirement of giving notice unless Bayfront has no participating physicians with staff privileges....
CopyCited 18 times | Published | Supreme Court of Florida | 2005 WL 2095664
...ght station, freight consolidation facility, or air navigation facility. §
812.014(2)(b)3, Fla. Stat. "Emergency medical equipment" means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. §
395.002(10), Fla....
...on of a physician, to determine if an emergency medical condition exists, and if it does, the care, treatment or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. § 395.002(17), Fla....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2013 WL 2359485, 2013 Fla. App. LEXIS 8593
...It does not include physicians, employees, agents, or volunteers of facilities that do not satisfy the definition of hospital under chapter 395. Accordingly, the State was required to prove that DenDekker was an employee or agent of a hospital as defined in section 395.002(12), who was employed, under contract, or otherwise authorized by such hospital to perform duties directly associated with the security of the hospital’s emergency department....
...mality, disease, or pregnancy; and (b) Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent .... § 395.002(12), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10025, 2010 WL 2696288
...Tamulonis argued below that her pharmacy records were also protected by section
395.3025. Section
395.3025, however, does not support Tamulonis's position because the statute applies to "licensed facilit[ies]," which are defined as "hospital[s], ambulatory surgical center[s], or mobile surgical facilit[ies]." §
395.002(16)....
CopyCited 7 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 554, 2008 Fla. LEXIS 1237, 2008 WL 2679168
...ce vehicle that has been issued a permit in accordance with Florida law. §
812.014(2)(b)3, Fla. Stat. "Emergency medical equipment" means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. §
395.002(10), Fla....
...rty where the construction permits are located, in letters no less than two inches in height, that reads in substantially the following manner: THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY. § 395.002(17), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2862055
...Such notice shall be provided on forms furnished by the association and shall include a clear and concise explanation of a patient's rights and limitations under the plan.... Notice need not be given to a patient when the patient has an emergency medical *869 condition defined in [section 395.002(9)(b), Florida Statutes, 1998] or when notice is not practicable....
...Birth Related Neurological Injury Comp. Ass'n,
842 So.2d 148, 151-52 (Fla. 5th DCA 2003). [2] Section
766.316 was amended in 1998, prior to the baby's birth, to include the two exceptions to the notice requirement. [3] An emergency medical condition is defined in section
395.002(9)(b), Florida Statutes (1998), which states, in relevant part: (9) "Emergency medical condition" means: ....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1999 WL 741115
...s. The obligations of the risk management programs described in Chapters 766 and 395 reinforce this application of the statute. We believe that the conduct at issue in this case fell within the definition of an "[a]dverse or untoward incident" under section 395.002(2)(c), Florida Statutes (1993)....
CopyCited 5 times | Published | Supreme Court of Florida | 2005 WL 3072036
...ght station, freight consolidation facility, or air navigation facility. §
812.014(2)(b)3, Fla. Stat. "Emergency medical equipment" means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. §
395.002(10), Fla....
...on of a physician, to determine if an emergency medical condition exists, and if it does, the care, treatment or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. § 395.002(17), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2013 WL 535407
...ehicle that has been issued a permit in accordance with Florida law. §
812.014(2)(b)3, Fla. Stat. “Emergency medical equipment” means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. §
395.002(10), Fla....
...ere the construction permits are located, in letters no less than two inches in height, that reads in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” § 395.002(17), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
"promote safe and adequate treatment" of patients. § 395.02, Fla. Stat. (1981) (repealed effective July 1
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1997 WL 402107
...UH stated that it had learned that AHCA had issued Class I licenses to other similarly situated multiple-facility hospitals which previously had consolidated licenses, by construing as single premises what AHCA had previously considered to be "separate premises" under section
395.003(2)(d). "Premises" is defined in section
395.002(22), Florida Statutes (1995), as those buildings, beds, and equipment located at the address of the licensed facility and all other buildings, beds, and equipment for the provision of hospital or ambulatory surgical care located in su...
CopyCited 3 times | Published | District Court of Appeal of Florida | 2013 WL 6171266, 2013 Fla. App. LEXIS 19015
...cal care provided by Dr. Acebal did not constitute “emergency services and care.” Claimant’s argument on this point also has merit. Under section
440.13(l)(f), Florida Statutes, “emergency services and care” is defined, by its reference to section
395.002, Florida Statutes (2005), as follows: (10) “Emergency services and care” means medical screening, examination, and evaluation by a physician, or, to the extent permitted by applicable law, by other appropriate personnel under the supervision of a physician, to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition .... §
395.002(10), Fla....
...l condition exists. Here, the JCC concluded that, because the surgery performed by *251 Dr. Acebal was not an emergency, Dr. Acebal provided no emergency services and care. But, the JCC did not consider the variety of services that are covered under section 395.002(10), including “medical screening, examination, and evaluation by a physician ... to determine if an emergency medical condition exists.” Id. Thus, under the requirements of section 395.002(10), the relevant questions regarding whether emergency services and care were provided by Dr....
...f an emergency medical condition exists.” Under normal circumstances, these simple questions can be answered by the finder of fact without resort to medical opinion testimony. 1 If each of these questions is answered in the affirmative, then under section
395.002, and thereby under section
440.13(1), “emergency services and care” of some sort have been provided....
...Acebal’s medical opinion was admissible, we now turn to the issue of whether the JCC also used an incorrect standard in determining that the surgery performed by Dr. Acebal did not qualify as compensable emergency services and care under chapter 440. As discussed above, under section 395.002(10), Florida Statutes (2005), “emergency services and care” include screening, examinations, and evaluations performed by a physician “to determine if an emergency medical condition exists and, if it does, the care, treatment, or surgery by a physician necessary to relieve or eliminate the emergency medical condition .... ” An “emergency medical condition,” as defined in section 395.002(9)(a), Florida Statutes (2005), means: (a) A medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following: 1....
...The JCC, however, found Claimant’s surgery was not emergent in nature based on Dr. Brown’s testimony that an emergent reason for surgery would be cau-da equina syndrome, and Dr. Salamon’s testimony that back pain is “never” an emergency. But this is not the correct legal test. Section 395.002(9)(a) does not limit an emergency to certain medical signs, such as cauda equina syndrome, and it does not exclude back pain....
...may include severe pain,” where such a condition, in the absence of immediate medical attention, “could reasonably be expected to result” in serious impairment or dysfunction of any bodily function or part. Id. As a matter of law, contrary to the testimony of both Dr. Brown and Dr. Sala-mon, section
395.002(9)(a) (and thus sections
395.002(10) and
440.13(1)(f)) permits pain to serve as the basis of an emergency medical condition, if in “the absence of immediate medical attention” the claimant could reasonably be expected to suffer “serious impairment to bodily functions” or “serious dysfunction of any bodily organ or part.” §
395.002(9)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 268704
...under the Florida Birth-Related Neurological Injury Compensation Plan shall provide notice to the obstetrical patients as to the limited no-fault alternative for birth-related neurological injuries. . . . Notice need not be given to a patient when the patient has an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable....
...Having reviewed our records in Alexander, as is appropriate for us to do, [4] we take judicial notice of the fact that those three pre-delivery visits to the hospital did not concern an "emergency medical condition" as referenced in section
766.316 and defined by section
395.002(9)(b), Florida Statutes (2002)....
...Signature of the patient acknowledging receipt of the notice form raises a rebuttable presumption that the notice requirements of this section have been met. Notice need not be given to a patient when the patient has an emergency medical condition as defined in s. 395.002(9)(b) or when notice is not practicable....
...Central to the decisions in Alexander, Ruiz, and Ortiz, and central to resolution of the issue in the instant case, are the provisions of section
766.316 that specify when notice is excused: "Notice need not be given to a patient when the patient has an emergency medical condition as defined in s.
395.002(9)(b) or when notice is not practicable." §
766.316, Fla. Stat. (2002). Because section
766.316 expressly adopts the definition of "emergency medical condition" set forth in section
395.002(9)(b), it is appropriate to consider the provisions of the latter statute in ascertaining the meaning of the exemption provisions in the former. See Forsythe v. Longboat Key Beach Erosion Control Dist,
604 So.2d 452, 454 (Fla.1992) (holding that pertinent statutes should be read together and considered in pari materia in determining the meaning of a statute and legislative intent). Section
395.002(9)(b), Florida Statutes (2002), [6] defines "emergency medical condition," as that term is used with respect to a pregnant woman, as meaning: 1....
...In addition, I believe that the following question should also be certified: IS THE STANDARD ESTABLISHED IN GALEN FOR DETERMINING WHEN THE NICA NOTICE MUST BE GIVEN APPLICABLE IN CASES WHERE THE NOTICE IS REQUIRED, OR IS IT DICTA? NOTES [1] §§
766.301-316, Fla. Stat. (2002). [2] Section
395.002(9)(b), Florida Statutes, defines "emergency medical condition" as meaning: (b) With respect to a pregnant woman: 1....
...1st DCA 1986); see also Ashman v. State,
886 So.2d 1079, 1081 (Fla. 5th DCA 2004); Cooper v. State,
845 So.2d 312 (Fla. 2d DCA 2003). [5] Section
766.316 was amended, effective July 1, 2007, by chapter 2007-230, section 205, Laws of Florida, to substitute a reference to section
395.002(8)(b) for the reference to section
395.002(9)(b) in the last sentence because the definition of "emergency medical condition" was moved to that subsection. The amendment does not impact our analysis. [6] We note, parenthetically, that the definition of "emergency medical condition" is now found in section
395.002(8)(b), Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...specialty hospitals as nursing home facilities. Christian Science Facilities are by statute, expressly excluded from consideration as health care facilities. § 381.493(3)(g), Fla. Stat. (1983). By the same token, a specialty hospital is defined in Section 395.002(14), Florida Statutes (1983), as a facility which provides general hospital services to a defined age or general group of the population, or as a facility that provides a restricted range of services appropriate to diagnostic care and treatment of patients with specific categories of illness....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2011 WL 561407
...Newman in 2007 was probably not necessary for the State to prove its case. And, on appeal, Mr. Hendley does not address his claim made in the circuit court that the detectives improperly obtained his medical information from the doctors' office. For these reasons, we do not consider that issue in this opinion. . § 395.002(16).
CopyCited 3 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 56928, 2015 WL 1968799
...t the functional equivalent for people with substance abuse disabilities. 9 See Response at 9. This position is unavailing. While “hospital” may not be defined in the City’s land use laws, it is defined in the Florida Statutes. See Fla., Stat. § 395.002(12)....
..., or pregnancy; and (b) [r]egularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent....” Fla. Stat. § 395.002 (12)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 410, 2010 WL 199299
...nd to provide them in a criminal action only upon the issuance of a subpoena. A pharmacy inside a grocery store does not appear to be licensed under chapter 395 because it is not a "hospital, ambulatory surgical center, or mobile surgical facility." § 395.002(17)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16735, 2010 WL 4365761
...Initially, we note that this court already has concluded that section
395.3025 does not apply to pharmacies but rather “applies to ‘licensed facilities],’ which are defined as ‘hospital[s], ambulatory surgical center[s], or mobile surgical facilities]’ ” in section
395.002(16)....
...The trial court also erred in applying section
395.3025 to the information obtained from Shukitis’ physicians. Again, the clinics where these physicians worked are not “hospitals], ambulatory surgical center[s], or mobile surgical faeility[ies].” See §
395.002(16)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 1329698
...uty on the part of the hospital that may not be delegated. Indeed, here plaintiff relies on the pertinent statute, which defines a "hospital" as an establishment that, among other things, regularly makes available "treatment facilities for surgery." § 395.002(13)(b), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...4th DCA 2007).
In Wax, a patient’s surviving spouse brought a wrongful death medical
malpractice action against a hospital for, among other things, the alleged
negligence of an anesthesiologist who was an independent contractor of the
hospital. Id. at 3. Wax argued that section
395.002(13)(b) (subsequently re-
numbered) defines a hospital as an establishment that makes available surgical
treatment facilities; and further, that sections
395.1055(1)(a) and (d) require
Florida’s Agency for Health Care Administrati...
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10023, 2010 WL 2696290
...Reth also alleged that Anesthesia Associates employed physicians and nurse anesthetists to provide anesthesia services pursuant to a contract with the Hospital. Reth claimed that the Hospital was liable for the conduct of nurse anesthetists Catsos and Siegel under a theory of a nondelegable duty. Reth asserted that sections
395.002(13)(b),
395.1055(1)(a), (d), Florida Statutes (2005), and Florida Administrative Code Rule 59A-3.2085(4) created an express legal duty for the Hospital to furnish nonnegligent anesthesia services to its surgical patients....
...Rather, the question of whether the Hospital has a statutory duty regarding the conduct of the nurse anesthetists is one of law. Reth contends, relying primarily upon Wax v. Tenet Health System Hospitals, Inc.,
955 So.2d 1 (Fla. 4th DCA 2006), that sections
395.002(13)(b),
395.1055(1)(a), (d), and rule 59A-3.2085(4) impose on hospitals the nondelegable duty to provide nonnegligent anesthesia services....
...sician and nurse anesthetists, not the Hospital, and that the statutes and rule do not create a nondelegable duty that requires the Hospital to practice anesthesiology. Chapter 395 of the Florida Statutes addresses hospital licensing and regulation. Section 395.002(13)(b) defines a hospital as an establishment that, among other things, regularly makes available treatment facilities for surgery....
...duty to provide anesthesia services nonnegligently to a patient in a given instance. Thus, we certify conflict with Wax to the extent that it determined a hospital has a nondelegable duty to provide nonnegligent anesthesia services based on sections
395.002(13)(b),
395.1055(1)(a), (d), and rule 59A-3.2085(4)....
...tal. In doing so, we certify conflict with Wax v. Tenet Health System Hospitals, Inc.,
955 So.2d 1 (Fla. 4th DCA 2006), to the extent that it determined a hospital has a nondelegable duty to provide nonnegligent anesthesia services based on sections
395.002(13)(b),
395.1055(1)(a), (d), and rule 59A-3.2085(4)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ambulatory
surgical center, or mobile surgical facility, AvMed is not subject to this statute.
See Hendley v. State,
58 So. 3d 296, 298 (Fla. Dist. Ct. App. 2011) (finding that
Fla. Stat. §
395.3025 only applies to licensed facilities defined in §
395.002(16)
and not to pharmacies)....
CopyPublished | Supreme Court of Florida
...en
issued a permit in accordance with Florida law.
§
812.014(2)(b)3, Fla. Stat.
“Emergency medical equipment” means mechanical or electronic
apparatus used to provide emergency service and care or to treat medical
emergencies.
§
395.002(109), Fla....
...e
construction permits are located, in letters no less than two inches in height,
that reads in substantially the following manner: “THIS AREA IS A
DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
§ 395.002(176), Fla....
CopyPublished | United States Bankruptcy Court, N.D. Florida | 7 Fla. L. Weekly Fed. B 303, 1993 Bankr. LEXIS 1803, 1993 WL 499375
...definition does not include nursing home facilities like that operated by the Debtor. See, 42 U.S.C. § 1395x. The state statute similarly provides for a definition of “hospital” that fails to include nursing home facilities. See, Fla.Stat.Ann. § 395.002(12) (West 1993)....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 7717, 2015 WL 2414382
...last visited April 6, 2015). Thus, an “outpatient surgical center” would be a facility providing a place for performing outpatient surgical procedures. Planned Parenthood relies on the statutory definition of “ambulatory surgical center,” in section 395.002(3), Florida Statutes (2013), which is defined as follows: (3) “Ambulatory surgical center” or “mobile surgical facility” means a facility the primary purpose of which is to provide elective surgical care, in which the patient...
...Nor does Planned Parenthood challenge the trial court's finding that abortions are conducted on an outpatient basis. . Planned Parenthood correctly notes that a substantially similar definition was in effect *130 when this restrictive covenant was executed in 1986. See § 395.002(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2345115, 2012 Fla. App. LEXIS 10000
...y services,” as that phrase is used in the GSA. The GSA does not define “emergency services.” That specific phrase is not defined elsewhere in the Florida Statutes, but the similar phrase “emergency services and care” is broadly defined in section 395.002(10), Florida Statutes (2004), to encompass the medical screening, examination, evaluation, care, treatment, and surgery for an “emergency medical condition,” which, in turn, is defined as a “medical condition manifesting itself...
...which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in” serious consequences to the patient’s health or, with respect to a pregnant woman, the health and safety of the fetus. § 395.002(9), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 572, 2003 Fla. LEXIS 1146, 2003 WL 21511321
...ht station, freight consolidation facility, or air navigation facility. § 812.0U(2)(b)3, FlaStat. “Emergency medical equipment” means mechanical or electronic apparatus used to provide emergency service and care or to treat medical emergencies. § 395.002(10), Fla....
...on of a physician, to determine if an emergency medical condition exists, and if it does, the care, treatment or surgery by a physician necessary to relieve or eliminate the emergency medical condition, within the service capability of the facility. § 395.002(17), FlaStat....
CopyPublished | Supreme Court of Florida
...en
issued a permit in accordance with Florida law.
§
812.014(2)(b)3, Fla. Stat.
“Emergency medical equipment” means mechanical or electronic
apparatus used to provide emergency service and care or to treat medical
emergencies.
§
395.002(9), Fla....
...e
construction permits are located, in letters no less than two inches in height,
that reads in substantially the following manner: “THIS AREA IS A
DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
§ 395.002(16), Fla....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...Stat. (1993). Cf., s.
641.515 , Fla. Stat. (1993), and s.
641.55 , Fla. Stat. (1994 Supp.), in which the Legislature has exempted certain quality assurance assessments and internal risk management program records of health maintenance organizations. 6 Section
395.002 (17), Fla. Stat. (1993). 7 Section
395.002 (12), Fla....
...In addition, for purposes of local zoning, the term "hospital" includes a medical office building located on the same premises as a hospital facility, provided the land on which the medical office building is constructed is zoned for use as a hospital and the premises were zoned for hospital purposes on January 1, 1992. 8 Section 395.002 (4), Fla....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
membership and clinical privileges in hospitals." 3 Section
395.002(17), F.S. And see, AGO 73-274 stating that
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 11906, 2002 WL 1899903
LEWIS, J. Appellant, Florida Hospital, appeals a final order of appellee, the Agency for Health Care Administration (AHCA), which approved a recommended order from the Division of Administrative Hearings finding that appellant violated sections
395.002(15) and
395.0197(6), Florida Statutes (1997), by failing to report a hy-poxic event that caused brain damage to a patient as a Code 15 occurrence....
...the part of the hospital or personnel of the hospital; (d) Results in a surgical procedure being performed on the wrong patient; or (e) Results in a surgical procedure being performed that is unrelated to the patient’s diagnosis or medical needs. § 395.002(2), Fla....
...providing a more acute level of care; (i) Any condition that extends the patient’s length of stay; or (j) Any condition that results in a limitation of neurological, physical, or sensory Junction ivhich continues after discharge from the facility. § 395.002(15), Fla....
...tatutes’ plain meaning. According to appellant, the Legislature did not intend to include those injuries that result in a “limitation of neurological, physical, or sensory function which continues after discharge from the facility” pursuant to section 395.002(15)0'), on the one hand, and include all injuries that result in even transient limitations of neurological or sensory function which do not continue after discharge from the facility within the meaning of “brain damage.” We disagree. The term “brain damage” exists under the list of every potential injury, enumerated in section 395.002(15), Florida Statutes (1997), separate and apart from “[a]ny condition that results in a limitation of neurological, physical, or sensory function which continues after discharge from the facility.” §§ 395.002(15)(b) and (j), Fla....
...ce. Appellant argues that this section should be interpreted as if the word “permanent” appears before the word “brain.” However, from our reading of the statute, we agree with AHCA because the only term in the list of injuries enumerated in section 395.002(15) that the Legislature described as “permanent” is that of disfigurement....
...ack’s Law Dictionary 393 (7th ed.1999) (defining “damage” as “loss or injury to person or property”). This dictionary definition of “damage” does not confine the term to only permanent injury. Therefore, based upon the plain meaning of section 395.002(15), Florida Statutes (1997), brain damage can result even if a patient, such as S.P., returns to a neurological baseline....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3469413, 2017 Fla. App. LEXIS 11635
...We have held previously that the
emergency-care exception to the ten-day rule is triggered when the care is provided
for a compensable injury, is medically necessary, and constitutes “emergency”
care. Cespedes v. Yellow Transp., Inc.,
130 So. 3d 243, 252 (Fla. 1st DCA 2013)
(relying on section
395.002, Florida Statutes (2005), which defines “emergency
services and care” and “emergency medical condition”)....
...Serious jeopardy to patient health, including a pregnant woman or
fetus.
2. Serious impairment to bodily functions.
3. Serious dysfunction of any bodily organ or part.
7
Cespedes,
130 So. 3d at 254 (quoting §
395.002(9)(a), Fla....
...le.”
§
440.20(4), Fla. Stat. The JCC here did not, however, address the E/C’s other
defenses or the remainder of the analysis under Cespedes, including whether the
hospitalization met the definition of “emergency services and care” under section
395.002 as referenced in section
440.13(1)(e)....
CopyPublished | Supreme Court of Florida | 2016 WL 1460587
...en
issued a permit in accordance with Florida law.
§
812.014(2)(b)3, Fla. Stat.
“Emergency medical equipment” means mechanical or electronic
apparatus used to provide emergency service and care or to treat medical
emergencies.
§
395.002(10), Fla....
...e
construction permits are located, in letters no less than two inches in height,
that reads in substantially the following manner: “THIS AREA IS A
DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
§ 395.002(17), Fla....
