The Public Health Trust Of Miami-Dade County, Etc. v. Acanda

Respondent filed a complaint against petitioner, alleging the negligence of certain residents, fellows, and nurses at Jackson Memorial Hospital where her newborn son contracted a severe bacterial infection and subsequently died. At issue was whether, under section 768.28(7), Florida Statutes, the timing of respondent's service of process on the Florida Department of Financial Services ("DFS") was fatal to her negligence action. The court expressly rejected the argument that service of process on DFS was a condition precedent to respondent's cause of action and that proving service of process was an element of her burden of proof. Therefore, the court held that DFS was not a party to the cause of action and petitioner failed to demonstrate prejudice. The court concluded that the timing of respondent's service was not fatal to her negligence claim against petitioner and affirmed the trial court's denial of petitioner's motion for directed verdict.