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Woods v. Holy Cross Hospital

United States Court of Appeals for the Fifth Circuit

591 F.2d 1164 (5th Cir. 1979)

Relevant factsFree

Woods (plaintiff) sued Holy Cross Hospital and its physicians (defendants) for wrongful death under Florida law for alleged malpractice, in federal court on diversity jurisdiction. The defendants moved to dismiss because Woods had not first submitted her claim to Florida's mandatory medical-malpractice mediation panel, as state law required before filing suit; the district court granted the motions.

IssueFree

Whether a medical malpractice plaintiff may be forced to first participate in a mediation process prior to bringing an action in court.

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