Mincey v. Moore

Appellant, David Mincey, appeals an order dismissing his medical malpractice complaint for failure to provide a written corroborating medical opinion either with his notice of intent to sue or afterwards. See sec. 766.208, Fla. Stat. (1999). We reverse.

The failure to provide copies of the requested medical records “shall waive the requirement of written medical corroboration by the requesting party.” Sec. 766.204(2), Fla. Stat. (1999); see also De La Torre v. Orta, 785 So.2d 553 (Fla. 3d DCA 2001) (“[P]laintiffs may obtain the benefit of subsection 766.204(2) simply by showing that defendant…