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Florida Fourth DCA rules that defendant dentists were entitled to dismissal of patient’s lawsuit based on plaintiff’s failure to conduct statutorily required medical negligence pre-suit investigation

On March 27, 2019, in Seider v. Leibner, No. 4D18-3363, the Florida Fourth DCA granted the defendant dentists’ petition to quash a trial court order denying their motion to dismiss the lawsuit against them by a former patient.  Dentists are among the categories of health care providers subject to Section 766.106, Florida Statutes, which requires the initiation of a pre-suit discovery process prior to the filing of a complaint for medical malpractice.  The complaint in the case had been filed without any such pre-suit investigation.  The complaint alleged that the dentists performed unnecessary procedures and misrepresented the status of the plaintiff’s failing dental implant.  The Fourth DCA concluded that several counts sought damages arising from medical treatment “that implicate the professional standard of care.” 

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