In a recent case, a state appellate court issued an opinion in a Florida personal injury case requiring the court to discuss the state’s medical malpractice pre-suit requirement and whether the plaintiff’s case was required to comply with that requirement. Ultimately, the court determined that the defendant failed to establish, as a matter of law, that the plaintiff’s case sounded in medical malpractice, and thus the plaintiff did not need to comply with the pre-suit requirements.
Florida’s Pre-Suit Notice Requirement
Under Florida Statute section 766.106(2)(a), prospective medical malpractice plaintiffs must provide notice to those whom they plan to name as defendants. This notice must contain certain information, such as a list of all known health care providers seen by the plaintiff in the past two years and copies of the plaintiff’s medical records. In addition, the plaintiff must obtain an expert affidavit indicating that the plaintiff’s claims have merit.
The Facts of the Case
The plaintiff in this case was a resident at the defendant psychiatric facility. During his stay, another resident removed a metal handrail from the wall, beating the plaintiff in the head and face with the rail. The plaintiff filed a personal injury lawsuit against the facility, arguing that it breached its duty to provide security and train staff on how to recognize and handle emergency situations.