Edwards v. Sunrise Ophthalmology ASC, LLC

I respectfully dissent from the majority opinion as I would reverse the trial court’s dismissal of the plaintiffs medical negligence suit. The majority agrees with the trial court’s dismissal and finds that the plaintiff failed to obtain an expert opinion that satisfied the “specialization requirement” of section 766.102, Florida Statutes (2009). I would reverse the trial court and find that the plaintiff did satisfy the requirements of the applicable statute that governed expert witness pre-suit affidavits in medical malpractice actions in effect at the time of suit.

Prior to initiating a…