Med mal statute.

I was reading the FL Law Weekly and saw the Fourth DCA's Pomper v. Ferraro, 42 Fla. L. Weekly D7 (Fla. 4th DCA December 21, 2016) decision. In which the court held "TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW BY DENYING MOTION TO DISMISS COMPLAINT FOR FAILURE TO COMPLY WITH MEDICAL MALPRACTICE PRESUIT REQUIREMENTS--CASE DID NOT CLEARLY ARISE OUT OF MALPRACTICE."

I had to pick myself up off the floor. I had a similar case in which the Fifth DCA ruled the exact opposite. That case was Omni Health Care v. Moser, Case No. 5D 12-1235 (Fla 5th DCA). I appealed to the Florida Supreme Court and lost there again. I had drafted my complaint based on the 5th DCA's 1993 case Stackhouse v. Emerson, 611 So.2d 1365 (Fla. App. 5 Dist., 1993). My client was standing in a doctor's waiting room inquiring about his most recent Hep C blood test result. The result, if good, would mean he continued home injections; if bad, he would end the injections. The doctor was on vacation, yet a secretary opened my client's medical file and...