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Florida Third DCA rules that personal injury complaint involving injuries allegedly suffered by plaintiff when surgical table collapsed underneath him was not subject to Florida’s medical negligence pre-suit requirements

On January 26, 2022, in University of Miami d/b/a Bascom Palmer Eye Institute v. Bloomer, No. 3D21-2298, the Florida Third DCA denied a certiorari petition by the defendant medical provider to quash the trial court’s denial of a motion to dismiss a negligence complaint for failure to comply with Florida’s medical negligence pre-suit requirements under Florida Statutes Chapter 766. The trial court denied the motion after concluding that the plaintiff’s case, which involved injuries suffered when a surgical table collapsed underneath him, did not sound in medical negligence. The Third DCA agreed, concluding that the fact that the table was being used for a medical procedure at the time of the injury does not, without more, establish a prima facie medical malpractice claim.

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