Legal Opinion

Patry v. Capps

District Court of Appeal of Florida

Decided March 19, 1993No. 91-04193PublishedCited by 3 opinions

1Opinion of the Court

BLUE, Judge.

John R. Patry and Linda J. Patry, individually and as mother and father and next friends of Chad M. Patry, a minor (Patry), contend the trial court erred in dismissing their medical malpractice lawsuit against William L. Capps, M.D. and William L. Capps, M.D., P.A. (Capps) for Patry’s failure to comply with the notice requirements of section 766.106, Florida Statutes (1991). We regret the harshness of the result in this case, but we are compelled by precedent to affirm.

It is undisputed that Patry did not give notice of intent to initiate litigation for medical malpractice by…

2Cases cited3 opinions

  1. Ingersoll v. HoffmanSupreme Court of Florida · 1991
  2. Solimando v. International Med. CentersDistrict Court of Appeal of Florida · 1989
  3. Glineck v. LentzDistrict Court of Appeal of Florida · 1988

3Cited by3 opinions

  1. Patry v. CappsSupreme Court of Florida · 1994
  2. Coffaro v. HILLSBOROUGH CTY. HOSP. AUTH.District Court of Appeal of Florida · 2000
  3. Lucas v. VizcayDistrict Court of Appeal of Florida · 1994

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