Court Upholds Florida Medical Malpractice Notification Rules

October 11, 2012

The Florida Supreme Court has ruled that refiled medical malpractice lawsuits must follow new state laws.

The high court in a unanimous opinion dismissed a lawsuit by Curtis Myers, who alleged medical malpractice after he suffered a stroke in 2006.

Myers withdrew his original lawsuit in October 2008 and refiled it in September 2009. But the new lawsuit did not comply with laws enacted by the state Legislature that included new notice requirements and required a certificate of good faith to be filed.

The high court found that Myers had failed to show an extraordinary cause for not complying with the new law.

 

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