UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, THOMAS V. MCCAFFREY, M.D., AND FLORIDA HEALTH SCIENCES CENTER, INC., D/B/A TAMPA GENERAL HOSPITAL, PETITIONERS,
v.
LATASHA MANN, RESPONDENT
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The Florida District Court of Appeal reviewed a trial court's denial of motions to dismiss in a medical malpractice action, determining that a presuit affidavit was legally insufficient as to claims against hospital nursing staff but sufficient as to physician defendants.
The court granted the petition for certiorari in part, holding that the trial court departed from the essential requirements of law by denying Tampa General Hospital's motion to dismiss count I because the affidavit failed to address any deficiencies in care provided by nursing staff or supervisors. The court affirmed the denial of dismissal as to other defendants.
[1] Certiorari is a proper means to challenge an order denying a motion to dismiss a medical malpractice action based on an insufficient presuit affidavit.
[2] A presuit affidavit in a medical malpractice action must provide a statement corroborating reasonable grounds to support a claim of medical malpractice against the specif…
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Join FLexlaw to unlock all legal intelligence“Although the affidavit could be more detailed, we cannot conclude that the trial court departed from the essential requirements of the law when denying the motion to dismiss except with respect to count I of the amended complaint.”
Establishes the standard for review and identifies the specific deficiency in the affidavit regarding nursing staff claims
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Join FLexlaw to unlock all legal intelligenceLatasha Mann filed a medical malpractice action against the University of South Florida Board of Trustees, Dr. Thomas V. McCaffrey, and Tampa General …
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The Petitioners, who are all defendants in a medical malpractice action in the circuit court, seek certiorari review of an order that denied, in part, their motions and amended motion to dismiss. They sought a dismissal of Latasha Mann’s amended complaint, arguing, in part, that the presuit affidavit obtained from Amy L. Budoff, M.D., was legally insufficient under the applicable statutory provision, i.e., section 766.203(2), Florida Statutes (2012, 2018). Certiorari is a proper means to challenge such an order. See Rell v. McCulla, 101 So.3d 878 (Fla. 2d DCA 2012); Bonati v. Allen, 911 So.2d 285 (Fla. 2d DCA 2005).
Although the affidavit could be more detailed, we cannot conclude that the trial court departed from the essential requirements of the law when denying the motion to dismiss except with respect to count I of the amended complaint. Count I alleges that Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital, is liable to Ms. Mann for deviations from the standard of care owed by its nursing staff and nursing supervisors. Assuming without deciding that Dr. Budoff is competent to provide an affidavit addressing errors by the hospital’s nursing staff and supervisors, nothing in the affidavit addresses any deficiencies in the care provided by the nursing staff or supervisors. Because the affidavit is plainly insufficient as a statement to corroborate reasonable grounds to support a claim of medical malpractice as to the nurses and supervisors, the trial court departed from the essential requirements of law in denying Tampa General’s motion to dismiss count I of the amended complaint. Additionally, Tampa General will be irreparably harmed if this claim is allowed to proceed. See Rell, 101 So.3d at 880-81 (“Certainly, where a plaintiff in a medical malpractice action has failed to satisfy the presuit notice requirements set forth in section 766.203(2), the defendant in such an action would suffer a material injury that could not be remedied in a postjudgment appeal if the action was allowed to proceed.”). Accordingly, we grant Tampa General’s petition for writ of certiorari to the extent that the trial court should have dismissed count I of the amended complaint.
Petition for writ of certiorari denied in part and granted in part.
NORTHCUTT and LaROSE, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Tomas v. Sandler, 406 So. 3d 1089 (Fla. 3d DCA 2025)
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Jessica Rafferty a/n/g Noah Hendershot v. Martin Mem'l Med. Ctr., Inc. (Fla. 4th DCA 2022)…n the statements addressed any deficiencies in the care provided by the hospital and its nursing staff. Thus, dismissal is required pursuant to the plain text of section 766.206(2), Florida Statutes (2018). See Univ. of S. Fla. Bd. of Trs. v. Mann, 159 So. 3d 283, 284 (Fla. 2d DCA 2015) (“Because the affidavit is plainly insufficient as a statement to corroborate reasonable grounds to support a claim of medical malpractice as to the nurses and supervisors, the trial court departed from the essential requirem…
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Fla. Health Scis. Ctr., Inc. v. Jackman (Fla. 2d DCA 2023)…ligence claim against podiatrist). This court has consistently held that denying a motion to dismiss where presuit expert corroboration is insufficient is a departure from the essential requirements of law. See Univ. of S. Fla. Bd. of Trs. v. Mann, 159 So. 3d 283, 284 (Fla. 2d DCA 2015) ("Because the affidavit is plainly insufficient as a statement to corroborate reasonable grounds to support a claim of medical malpractice as to the nurses and supervisors, the trial court departed from the essential requirem…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brian C. Rell, D.P.M., & Coastal Orthopedics & Sports Med. of Sw. Fla., P.A. v. McCULLA, 101 So. 3d 878 (Fla. 2d DCA 2012)
- Alfred Bonati, M.D. v. Allen, 911 So. 2d 285 (Fla. 2d DCA 2005)