Casimini, Anthony: Secondary Sources

 I decided to use Florida Jurisprudence 2d because it layed out the elements of Medical Malpractice in the most clear-cut manner

For my initial search of medical malpractice under the Florida Jurisprudence, I searched the Florida Jurisprudence 2d 2015-2016 General Index for medical malpractice. I had to use the general index labeled E-O to find my specific topic. I was able to locate medical malpractice on page 643 under the sub-section MEDICAL MALPRACTICE. The medical malpractice section used Medmalp for their description and the Medmalp consisted of §1-122. After browsing through different areas of Medmalp, I finally located “emergency treatment”, Medmalp §39. I then located Florida Jurisprudence 2d book 36 and searched for §39 which was located on page 322. The §39 Emergency Treatment provided me with references to West’s Key Number Digest, Health key 627, 650. Also, the section provided a reference to 16 A.L.R.5^th 605, which discusses liability for negligence of ambulance attendants, emergency medical technicians who are rendering medical care outside the hospital.

I searched through West's Florida Digest 2d Volume 18B Health key 200-end. for Key numbers 627 and 650. Key number 650 provided me with a reference to "see earlier editions of this digest, te Dicennial Digests, and WESTLAW." By searching next to that key number provided me with Key 655 Hospitals in general, was helpful in finding cases for hospital liability. Key number 627 was an area about sudden emergencies, which went on to give cases for negligence of health care providers.

American Law Reports (frequently abbreviated and referred to as ALR) contains in-depth articles on narrow topics of the law. ALR articles, called annotations, provide background, analysis, and citations to relevant cases, statutes, law review articles, and other annotations.

After searching through Florida Jurisprudence 2d  §39 Emergency Treatment, there was a part called Research References that provided me with references to 3 A.L.R articles about liability for negligence of ambulance attendants. After following the reference numbers by the Florida Jurisprudence 2d, I found the A.L.R 5^th edition volume 16, and turned to page 605. The title of the section was Liability for negligence of ambulance attendants, emergency medical technicians, and the like, rendering emergency medical care outside hospital. Under the heading, there is a summary by Frank J. Wozniak which briefly explains that when emergency care provided by these persons appears to be the cause of a patient’s further injury of death, suits against the care providers and their employers are likely. Liability in such cases is often determined by the application of statutory provisions, designed to encourage the rendering of emergency medical treatment by granting immunity to care providers in the absence of gross negligence or willful and wanton misconduct. The section offered a Jurisdictional table of Cited Statutes and Cases of different states. The table provided over thirty case names from over 21 states including some federal cases. The table  provided me with four Florida cases.                          

A principle may be held liable for the acts of its agent that are within the course and scope of the agency. This is usually determined by apparent authority which normally exists only where the principal creates the appearance of an agency relationship. Essential to the existence of actual agency relationship is 1) acknowledgment by the principal that the agent will act for him, 2) the agent's acceptance of the undertaking and 3) the control by the principal over the actions of the agent.

http://www.emsworld.com/article/10323938/immunity-statutes-how-state-laws-protect-ems-providers