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Doig v. Chester6/30/2000
Administrative Appeal from the Division of Administrative Hearings
This is an appeal from an arbitration award made pursuant to the medical malpractice arbitration statute. We affirm the award except in one respect. We agree with Dr. Doig that he is entitled to a set-off from that portion of the award which compensated for economic loss in the amount of the pre-arbitration settlement that appellee received from the hospital and its staff.
Appellee justifies the double recovery for the same economic loss based on the narrow definition of "collateral source" contained in section 766.202, Florida Statutes. However, malpractice is merely a species of general tort law and is subject to the provision that when a claimant releases one tortfeasor from liability for the same injury, his claim against the remaining tortfeasors is reduced to the extent stipulated in the release. See section 768.31(5), Florida Statutes. See also Florida Patient's Comp. Fund v. Scherer, 558 So. 2d 411 (Fla. 1990).
AFFIRMED in part; REVERSED in part and REMANDED with instructions to reduce the judgment for economic losses by the amount of the previous settlement.
PETERSON, J., concurs.
GRIFFIN, J., dissents without opinion.
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