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Florida Third DCA rules that negligence complaint of plaintiff who was injured at defendant’s medical facility while moving from imaging table to wheelchair sounded in ordinary negligence and was not subject to medical negligence pre-suit requirements and statute of limitations

On October 13, 2021, in Torres v. Kendall Healthcare Group. Ltd., No. 3D19-1528, the Florida Third DCA reversed a trial court ruling which had dismissed a plaintiff’s negligence case on the grounds that the plaintiff failed to comply with the medical negligence pre-suit requirements in chapter 766, Florida Statutes, and the short two-year statute of limitations (SOL) applicable to medical negligence causes of action. The complaint alleged that the plaintiff was admitted as a patient to the defendant’s health care facility where he underwent diagnostic imaging. After the imaging was complete, he attempted to transfer from the exam table to his wheelchair but fell and injured himself when the wheelchair rolled away because his assigned attendant failed to properly secure its brakes. The Third DCA concluded that the plaintiff alleged sufficient facts to plead his action as one sounding in ordinary negligence, eliminating the medical negligence pre-suit requirements and extending the SOL from the medical negligence two-year SOL to the ordinary negligence four-year SOL.

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