Kimberly Ann Miles v. Daniel Weingrad, M.D.

Kimberly Ann Miles seeks review of Miles v. Weingrad {Miles II), 108 So.3d 259 (Fla. 3d DCA 2012), on the basis that it expressly and directly conflicts with Raphael v. Shecter, 18 So.3d 1152 (Fla. 4th DCA 2009). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash the decision on review.

BACKGROUND

In 2002, Miles was diagnosed with melanoma. She received medical care, and a cancerous tumor was removed from her leg in an outpatient procedure on December 2, 2002. While she was told that the tumor had been completely removed and no melanoma remained, she…