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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)
Nellie Woods (plaintiff), on behalf of her deceased husband John Woods, brought suit against Holy Cross Hospital (defendant), two physicians at the hospital, and the physicians’ insurers under Florida’s Wrongful Death Act, alleging the doctors’ malpractice caused the death of her husband. The parties were properly in federal court based on diversity jurisdiction. The defendants filed motions to dismiss based on Mrs. Woods’ failure to submit to a mediation panel as required by Florida’s statute. The district court granted the motions and Mrs. Woods appealed.
Rule of Law
Holding and Reasoning (Tjoflat, J.)
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