Robinson v. Scott

LAGOA, Judge.

Barbara Ann Thomas-Robinson, as personal representative of the Estate of Leroy Lawrence, and Traci Cooper, as legal parent and guardian of Trevor Lawrence (collectively “Appellants”), appeal from an order dismissing a medical malpractice complaint for failure to comply with the presuit discovery requirements of Section 766.106, Florida Statutes (2006). Because we find that Appellee, Dr. Joseph Scott, was not prejudiced, we reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 21, 2003, counsel for Appellants served Dr. Scott with a notice of intent to initiate litigation for…