Earlier this month, a state appellate court issued a written opinion in a Florida medical malpractice lawsuit discussing the potential consequences that may arise when a plaintiff fails to properly follow all of the procedural requirements. Ultimately, the court affirmed the dismissal of the plaintiff’s lawsuit against the defendant because the pre-suit notice provided by the plaintiff contained the affidavit of an infectious disease doctor, rather than that of an ophthalmologist, which was the specialty of the defendant doctors.
The Facts of the Case
The plaintiff underwent a surgery to repair droopy skin around her eye. The surgery was performed by one of the defendant doctors. The surgery went as planned, and another defendant doctor conducted the post-surgical examinations. Both defendant doctors were ophthalmologists.
After the surgery, the plaintiff developed an infection in her eye. The infection left her with serious visual impairments, dizziness, and a heightened risk of future infections. She filed a personal injury lawsuit, first naming the doctor who performed the surgery as the only defendant. Attached to this claim, the plaintiff included an affidavit from an ophthalmologist stating that the plaintiff’s case had merit.