Jan Colvin and Wade Colvin v. Clements and Ashmore, P.A d/b/a North Florida etc.

The instant appeal originated with a medical malpractice complaint filed by the appellants, Jan Colvin (the plaintiff) and Wade Colvin (the husband), against the appellees, Clements and Ashmore, P.A. d/b/a North Florida Women’s Care (the defendant). The complaint alleged that the defendant and two of its doctors were negligent in failing to remove " surgical clamps during the plaintiff’s procedure. The complaint did not seek attorney’s fees or punitive damages.

The plaintiff served a proposal for settlement on the defendant that- offered to “■resolve all claims the plaintiff has against [the…