Joseph v. Tenet Healthsystem North Shore, Inc.

951 So. 2d 104, 2007 Fla. App. LEXIS 3697, 2007 WL 755100

• Court: District Court of Appeal of Florida
• Decided: March 14, 2007
• Docket: No. 3D05-2577
• Status: Published

Opinion

PER CURIAM.

Macillon Joseph, etc., appeals the trial court’s entry of an agreed summary final judgment in favor of appellee Tenet Healthsystem North Shore, Inc., etc., finding that the hospital is relieved of any financial responsibility for the first $250,000.00 of the judgment entered against its staff physician where the physician elected to opt out under section 458.320(5)(g), Florida Statutes (2005), and he later failed to satisfy the $250,000.00 entered against him. We affirm based upon the authority of North Miami Med. Ctr., Ltd. v. Miller, 896 So.2d 886, 890 (Fla. 3d DCA 2005), where this Court stated that section 458.320(5)(g), Florida Statutes, “necessarily relieve[s] hospitals of any liability if its physicians who, though initially agreeing to be personally liable, are ultimately unable to pay any subsequent judgments.”

Affirmed.