In short: The Pla v. Barsa argument (Fla. 2d DCA, No. 2D13-5592) involves a personal representative’s medical malpractice case against a doctor and a Tampa hospital, filed in Hillsborough County in 2002 and still unresolved more than a decade later. It raises delay, procedural fairness, and the PR’s role. We haven’t located a published decision.
A personal representative who brings a lawsuit for the estate is in it for the long haul, sometimes much longer than anyone expects.
The Case as Argued
According to the oral argument, the personal representative of an estate appealed in a medical malpractice case against a physician and St. Joseph’s Hospital that began in Hillsborough County in 2002. By the time of the appeal, it had been pending more than a decade, raising questions about delay and procedural fairness.
Outcome: We have not located a published decision for this appeal. Many appeals end in an unpublished affirmance or a dismissal. Check the court’s online docket before relying on any result. The case facts below come from the oral argument, not from a court opinion.
The PR’s Role in Malpractice and Wrongful Death Cases
- The personal representative brings the wrongful death or survival claim for the estate and survivors (§ 768.20).
- Medical malpractice claims require a presuit investigation and notice before filing (Chapter 766), and short limitation periods apply.
- Settlements may require probate court approval, especially when minors are involved.
When Cases Drag On
- Florida’s 2025 case management rules require courts to assign tracks and enforce deadlines (Rule 1.200), which should reduce decade-long cases.
- Cases with no record activity for 10 months can be dismissed for lack of prosecution after notice (Rule 1.420(e)).
- The estate can’t close while a significant claim is pending; the PR must report its status and keep the estate open.
Lessons
- A PR should get regular, written updates from litigation counsel.
- Keep the probate court informed of the lawsuit and its status.
- Watch for inactivity that could lead to dismissal.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. We have not located a published decision in this appeal, so treat the argument as illustration, not as the court’s ruling.
Unreasonable Delay in Florida Appeal: 12-Year Med Mal Estate Case
Go Deeper
Frequently Asked Questions
Who files a medical malpractice wrongful death suit in Florida?
The personal representative of the estate, after the presuit requirements of Chapter 766.
Can an estate stay open while a lawsuit is pending?
Yes. The personal representative keeps the estate open and reports the claim’s status to the probate court.
Can a case be dismissed for inactivity in Florida?
Yes, after 10 months without record activity and notice, under Rule 1.420(e), unless good cause is shown.
What was the outcome in Pla v. Barsa?
We have not located a published decision. Check the Second District docket for No. 2D13-5592.
Talk to a Florida probate lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
