Shands Teaching Hospital & Clinics, Inc. v. Estate of Lawson ex rel. Lawson

Shands Hospital files a petition for writ of certiorari asserting that the trial court erred in denying its motion to dismiss because the plaintiffs failed to allege that they followed the presuit notice requirements contained in chapter 766, Florida Statutes (Medical Malpractice Act). The trial court correctly determined, in ruling" on the motion to dismiss, it was required to take the allegations of the complaint as true and that the allegations' therein, leaving a pass and key unattended, established simple carelessness unrelated to diagnosis and treatment. Therefore, as alleged in the…