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Florida Fourth DCA affirms dismissal of hospital and nursing staff from medical negligence complaint based on pre-suit affidavit’s failure to address their negligence

On March 23, 2022, in Rafferty v. Martin Memorial Medical Center, Inc., et al, No. 4D21-368, the Florida Fourth DCA issued a per curiam affirmance of a trial court order granting a motion to dismiss certain defendants from a medical negligence complaint for failure to comply with the corroboration requirements of section 766.203(2), Florida Statutes (2018).The plaintiff had sued a midwife and the and hospital and its staff for medical negligence during the delivery of a baby who suffered a shoulder dystocia injury. While the corroborating statements the plaintiff submitted with the statutorily required Notice of Intent to Initiate a Lawsuit (“NIIL”) identified reasonable grounds to initiate medical malpractice litigation against the midwife who delivered the baby, the trial court and the Fourth DCA determined that nothing in the statements addressed any deficiencies in the care provided by the hospital and its nursing staff.

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