Cruise Ship Doctor's Motion To Dismiss Claim Of Malpractice Brought In Florida State Court For Lack Of Personal Jurisdiction Denied Where The Doctor Treated The Patient As The Ship Sailed Into Florida Waters And Docked At The Port Of Miami.
K. RANA, M.D., Appellant, vs. MARION FLYNN, Appellee.
CASE NO. 3D02-216
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
2002 Fla. App. LEXIS 11555; 27 Fla. L. Weekly D 1837
August 14, 2002, Opinion Filed
PROCEDURAL POSTURE: Plaintiff patient sued defendant doctor for medical malpractice. The doctor moved to dismiss for lack of personal jurisdiction. The Circuit Court for Miami-Dade County (Florida) denied the motion to dismiss, and the doctor appealed the order.
OVERVIEW: The patient had a heart attack while a passenger on a cruise ship. The doctor was the physician on board the ship. The doctor treated the patient as the ship sailed into Florida waters, docked at the Port of Miami, and transport to a local hospital was arranged. The patient claimed that that the care received was inadequate. The appellate court held the trial court properly determined that personal jurisdiction under the long-arm statute was proper over the doctor, who allegedly committed a tort within Florida, Fla. Stat. ch. 48.193(1)(b) (2002). The doctor ministered to the patient's condition in Florida waters and while in the Port of Miami awaiting transportation to a Miami hospital. These facts were sufficient to establish that the doctor committed a tort within Florida, satisfying jurisdiction under the long-arm statute. In addition, the multiplicity of contacts set forth in the complaint satisfied the minimum contacts requirements. The doctor's conduct was such that he could reasonably have anticipated being haled into court in Florida.
OUTCOME: The order was affirmed.
