Everman v. Kennedy, White & Riggs Orthopedic Associates, LLP
The Second DCA held that ordinary-negligence and vicarious-liability claims arising from a medical practice's non-clinical business operations — here, a lay answering service that garbled a nurse's urgent message — do not arise from the rendering of medical care and therefore are not subject to the presuit investigation and notice requirements of section 766.104. It reversed the dismissal of counts V and VI (while affirming, without discussion, the final judgment for the physician defendants).
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