Plemendon v. Fernandez

The issue raised in this medical malpractice case is whether a trial court should strike a doctor’s defenses when the doctor fails entirely to conduct any presuit screening or investigation after receiving a notice of intent to initiate litigation. In my opinion, the statute requires the presumptive remedy to be a dismissal of the doctor’s defenses for such a statutory default unless there are special reasons to decline to do so. As there are none in this case, I think that certiorari should be granted and the case returned to the trial court for appropriate action.

The procedural facts are…