A Florida court has ruled in favor of the University of Miami, affirming its claim of sovereign immunity in a medical malpractice case. The decision affects the ability of patients to sue the university and its employees for alleged negligence in medical treatment. This ruling highlights the legal protections that institutions like the University of Miami have when providing healthcare services.
The case, Maria Joanna Lazzari, Etc. v. University of Miami, Etc., was filed in the District Court of Appeal of Florida under docket number 3D19-0597. The appeal arose from a medical malpractice lawsuit brought by Maria Lazzari, who is the plenary guardian for her mother, Morela Lazzari. The trial court had previously ruled in favor of the University of Miami, leading to this appeal.
Maria Lazzari filed the lawsuit against the University of Miami, Jackson Memorial Hospital, and Dr. Thomas Salerno, who treated her mother. The dispute centers on whether the University of Miami is entitled to sovereign immunity for the actions of Dr. Salerno while he was treating Morela Lazzari at Jackson Memorial Hospital. The University argued that it was acting as an agent of Jackson at the time of the treatment, which would grant it immunity under Florida law.
The case reached the District Court of Appeal after the trial court denied Maria Lazzari's motion for summary judgment and granted the University’s cross-motion for final summary judgment. The trial court found that the University was entitled to sovereign immunity based on its agreement with Jackson Memorial Hospital.
The court ruled that the University of Miami is indeed entitled to sovereign immunity under Florida Statutes, specifically section 768.28. The judges on the panel included Chief Judge EMAS and Judges HENDON and GORDO. The court stated, "The 2011 BAA clearly conferred sovereign immunity upon the University for its services in treating patients at Jackson." This ruling confirms that the University and its employees cannot be held personally liable for actions taken while performing their duties as agents of the hospital.
The ruling is significant as it sets a precedent for how sovereign immunity applies to medical institutions in Florida. It clarifies that when a university provides healthcare services through its employees at a teaching hospital, it may be protected from lawsuits if it is acting within the scope of its agreement with that hospital.
This ruling impacts not only future cases involving the University of Miami but also other similar institutions in Florida. Patients seeking to hold universities accountable for medical malpractice may face challenges due to the protections afforded by sovereign immunity. The decision emphasizes the legal framework that allows universities to operate without fear of litigation for actions taken by their employees in a medical setting.
Looking ahead, Maria Lazzari may consider appealing the decision to a higher court, although details regarding the potential for an appeal were not available in the court filing. The outcome of this case could influence similar legal disputes involving state-funded medical institutions and their liability in malpractice claims.