The Supreme Court on Wednesday approved a request by the Florida Hospital Association, the Florida Medical Association and the American Medical Association to file a brief supporting an attempt by the University of Florida and Shands Teaching Hospital and Clinics to short-circuit the
lawsuit…law.com, Hospital, Doctor Groups Eye Florida Medical Malpractice Case, Jim Saunders, July 2022
The Supreme Court in May agreed to hear the case after the 1st District Court of Appeal ruled against UF and Shands.
Plaintiff Laurie Carmody filed a notice that she planned to pursue a malpractice lawsuit because of an infection she suffered after having a cervical disc fusion in 2016.
State law requires plaintiffs to follow a pre-suit process in malpractice cases that includes submitting affidavits of doctors who offer opinions that negligence occurred. Carmody submitted an affidavit of James DeStephens, a physician who practiced in internal medicine and cardiology and had worked as a hospitalist.
UF and Shands sought to dismiss the case, at least in part, because they said DeStephens was not qualified to provide expert opinions related to neurosurgery but a circuit judge disagreed. That prompted UF and Shands to ask the Supreme Court to take up the dispute.