Karr v. Sellers

KLEIN, Judge.

Defendants appeal a $675,000 judgment in a dental malpractice action, arguing that the trial court erred in striking their pleadings on the ground that they failed to file a corroborating medical expert opinion with their letter rejecting plaintiffs claim. We reverse.

In April, 1990, prior to filing suit, plaintiff, pursuant to section 766.106, Florida Statutes (1991), sent defendants a notice of intent to file a malpractice action with a verified opinion by a medical expei’t stating that defendant’s treatment in 1989 fell below the standard of care.

During their 90 day…