Dirga v. Butler

Ms. Dirga, as personal representative of the estate of Ethel Braun (estate), appeals the trial court’s order dismissing her complaint against Dr. Butler, an Alabama-licensed physician, for failure to comply with the presuit provisions of chapter 766, Florida Statutes (2003). Because Dr. Butler is not a “health care provider” as defined in section 766.202(4), Florida Statutes, we find that he was not entitled to presuit notice under the Medical Malpractice Reform Act (the Act). For the reasons explained below, we hold that the trial court improperly dismissed the estate’s complaint.

Facts and…