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Wild v. NS'NG12/30/2004
ursing home must be licensed to perform in the exercise of its care-giving function.
Any visitor to the nursing home, not just a resident, using this allegedly defective threshold and walkway could have suffered injury . Compare Williamson, ___ So.2d at ___.
CONCLUSION
Coverage of the MMA should be strictly construed because the limitations of the MMA on the liability of qualified health care providers is special legislation in derogation of the rights of tort victims. Williamson, ___ So.2d at ___. The limitations on liability conferred by the MMA apply only to claims of negligence by the health care provider in the provision of "health care" or "professional services" to a patient. Williamson, ___ So.2d at ___. The negligent acts as alleged in plaintiffs' district court petition are not sufficiently related to "health care" or "professional services" so as to fall within the provisions of the MMA. Plaintiffs' action is not premature.
This writ is granted; the trial court judgment sustaining HNH's exception raising the objection of prematurity is reversed; and judgment is entered in favor of the plaintiffs, Shirley Hoover Wild, Juanita Hoover Kristoph, Joan Hoover Baumbach, Glenn Hoover, and Rudolph Hoover, Jr.
WRIT GRANTED.
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