Legal Opinion

Tracey v. Barrett

District Court of Appeal of Florida

Decided October 27, 1989No. 88-03370PublishedCited by 2 opinions

1Opinion of the Court

THREADGILL, Judge.

Appellant, plaintiff below, challenges the dismissal with prejudice of his medical malpractice complaint. The complaint was dismissed because the letter he sent to the appellee/doctor failed to comply with the notice requirements of section 768.57(2), Florida Statutes (1987). We find that the letter satisfied the notice requirements and reverse.

Appellant sent a letter by certified mail to the appellee on November 13, 1987 regarding surgery that was performed on December 9, 1985. The pertinent part of the letter provides:

It is with heavy heart that I write this letter, but my…

2Cases cited1 opinion

  1. Pearlstein v. MalunneyDistrict Court of Appeal of Florida · 1986

3Cited by2 opinions

  1. SHANDS TEACHING HOSP. v. BarberDistrict Court of Appeal of Florida · 1994
  2. University of Miami, etc. v. Shanay Hall Jones, etc.District Court of Appeal of Florida · 2024

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