Legal Opinion

Davis v. Karr

District Court of Appeal of Florida

Decided January 25, 2019No. Case No. 5D18-149Published

1Opinion of the CourtLambert, J.

*280The primary issue that we address in this case is whether under Florida's Medical Malpractice Act a presuit affidavit submitted by a plaintiff from a health care provider who does not specialize in the same field as the defendant nevertheless meets the statutory presuit investigatory requirements for filing a medical negligence suit. For the following reasons, we hold that it does not, and we therefore affirm the final judgment.

The facts of this case pertinent to this appeal are fairly undisputed. Sandra Dale Essex1 was a patient of the appellees, Michael A. Karr, M.D., an orthopaedic…

2Cases cited16 opinions

  1. Execu-Tech Bus. Sys., Inc. v. New Oji Paper Co. Ltd.Supreme Court of Florida · 2000
  2. Kukral v. MekrasSupreme Court of Florida · 1996
  3. St. Mary's Hospital, Inc. v. PhillipeSupreme Court of Florida · 2000
  4. Emma Gayle Weaver, etc. v. Stephen C. Myers, M.D.Supreme Court of Florida · 2017
  5. Apostolico v. Orlando Regional Health Care System, Inc.District Court of Appeal of Florida · 2004

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