Lazzari v. Guzman, M.D.
In a medical malpractice action, the Third District affirmed summary judgment for the University of Miami on sovereign immunity grounds, holding that under the 2011 Basic Affiliation Agreement with Jackson Memorial Hospital and section 768.28(9)(b)(2) and (10)(f), Florida Statutes, the University and its faculty physician acted as statutory agents of the teaching hospital. The 2011 BAA — which expressly terminated the earlier 2004 agreement and covered all patients, indigent or not — controlled, so the University was immune from suit for the physician's alleged negligence.
Key facts
- Plaintiff sued University of Miami and faculty physician Dr. Guzman for medical malpractice arising from allegedly negligent treatment provided at Jackson Memorial Hospital.
- The trial court granted summary judgment for the University of Miami based on sovereign immunity under the 2011 Basic Affiliation Agreement between the University and Jackson Memorial Hospital.
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Why it matters
This decision confirms that university medical school affiliation agreements with public teaching hospitals can extend section 768.28 sovereign immunity to the university and its physicians even for non-indigent… — full analysis with a trial
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