In a brief in support of summary judgment filed in a Florida trial court, CCL joined Florida lawyers in seeking invalidation of a Florida statute that extends the state’s immunities from lawsuits to the medical faculty of a private university when practicing medicine at Jackson Memorial Hospital, which is operated by a county agency. The declaratory judgment action argues that the legislature lacked authority to provide sovereign immunity to a private party and that the extension violates a variety of patients’ constitutional rights.

The disputed statute was enacted in 2011 to immunize medical faculty at the University of Miami from malpractice liability when scheduling their patients at Jackson. The immunity does not cover the faculty when they practice at the University of Miami hospital across the street from Jackson. In the immunized cases, a patient injured through malpractice must sue the State of Florida, whose liability is limited by the state tort claims act. Any liability assessed must then be reimbursed by the university.

The plaintiff’s summary judgment brief, filed January 15, argues that the Florida Constitution only authorizes the legislature to waive immunity, not extend it, constitutes impermissible special legislation, and prohibits the state from lending its credit to a private party. In addition, the brief contends that the extension of immunity violates the patient’s access to courts, jury trial, equal protection and due process rights. CCL’s Robert S. Peck represents the plaintiffs, along with Neal A. Roth and Rachel Furst of Grossman Roth, P.A.