Liberatore v. NME Hospitals, Inc., 711 So. 2d 1364 (Fla. 4th DCA 1998).

The appellate court found that the patient’s malpractice claim against a hospital (for vicarious liability of a physician) was properly disposed of on summary judgment because the plaintiff failed to produce any evidence that the defendant physician was an agent of the hospital.

Noel v. North Broward Hospital District, 664 So. 2d 989 (Fla. 4th DCA 1995).

In this medical malpractice action brought by a child’s parents against physicians who were hired as part-time "consultants" at a health care facility operated by HRS, the appellate court found that one of the defendant professional associations (P.A.) was not liable for an individual physician’s alleged malpractice because the physician was not acting in the scope of his employment for the P.A. when the malpractice was allegedly committed. The appellate court also reversed a summary judgment in favor of another P.A. because a genuine issue of material fact existed as to whether sovereign immunity could extend to them.

Santa Cruz v. Northwest Dade Community Health Center, Inc., 590 So. 2d 444 (Fla. 3d DCA 1992).

In this case which tested the bounds of a medical facility’s liability for acts committed by an individual being treated on an outpatient basis, the district court held that: (1) the victims, who were not patients of the health center themselves, could not maintain a medical malpractice action against the center; and (2) the center owed no duty to the victims to protect them from the patient because he was not in the center’s custody.