Surgeon motion to dismiss malpractice suit denied.
Florida appeals court holds an evidentiary hearing not always required when ruling on the motion to dismiss for failure to comply with malpractice pre suit screening requirements found in Chapter 766, Florida Statutes. The estate of a patient who died four days after an orthopedic surgery sued the surgeon for wrongful death, alleging that his negligent failure to monitor the patient after her release from the postanesthesia care unit led to her death. Along with her pre-suit notice of intent to initiate litigation, the plaintiff sent a verified written medical expert opinion from a doctor specializing in internal medicine and pulmonology....
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