Palm Beach General Surgery, LLC v. Grazioli
A medical malpractice plaintiff's chapter 766 notice of intent and corroborating expert affidavit listed only five ways the treating surgeon deviated from the medical standard of care and said nothing about negligent credentialing by his employer. The Third DCA granted certiorari and quashed the portion of the trial court's order denying the employer's motion to determine presuit compliance, holding that presuiting a medical negligence theory does not satisfy chapter 766 as to a distinct administrative negligence (negligent credentialing) claim.
Key facts
- Plaintiff filed a chapter 766 notice of intent and expert affidavit against a surgeon and his employer alleging medical malpractice, with the affidavit identifying five deviations by the surgeon from the clinical standard of care but containing no allegations regarding negligent credentialing by the employer.
- The trial court denied the employer's motion to determine presuit compliance with chapter 766, and the employer sought certiorari review in the Third DCA.
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Why it matters
The opinion reinforces and extends Tomas v. Sandler: plaintiffs cannot bootstrap a negligent credentialing/administrative negligence claim onto a presuit affidavit addressing only clinical care. Defense counsel for… — full analysis with a trial
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