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St. Mary's Hospital, Inc. v. Phillipe

State Medical Malpractice Act's restrictions on stay of arbitration award pending appeal did not conflict with automatic stay provisions of rules of appellate procedure, and thus did not unconstitutionally infringe state supreme court's rule-making authority; act's arbitration-related "per incident" limitation on non-economic damages applied to each claimant, not to all claimants as group.

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PER CURIAM.

We have before us St. Mary’s Hospital, Inc. v. Phillipe, 699 So. 2d 1017 (Fla.4th DCA 1997), and Franzen v. Mogler, 699 So. 2d 1026 (Fla. 4th DCA 1997),which we have consolidated for review. These are medical malpractice wrongfuldeath cases in which the defendants conceded liability. The parties voluntarilychose to use a statutorily created binding arbitration process as an alternative tolitigation to provide a faster, more efficient, and less costly means of resolving theissue of damages. Under this process, the parties waived the right to a jury trial andagreed to have the damages restricted in accordance with the statutory process.Following arbitration, the plaintiffs in these cases were awarded various amounts ofboth economic and noneconomic damages.

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