Scalice v. Orlando Regional Healthcare

NELSON, D.S., Associate Judge.

In this medical malpractice action, the parties raise three issues on appeal, two of which merit discussion and reversal— whether the trial court properly interpreted section 766.205(4), Florida Statutes (2010), concerning admissibility of pre-suit affidavits, and whether those affidavits established a genuine issue of material fact precluding summary judgment in this case.

This case involves the alleged wrongful death of Brandon Scalice, who died two days after birth from contracting Group B Streptococcus. The personal representative of Brandon’s estate filed a…