NUR CLARKE
v.
NORTHWEST MEDICAL CENTER, INC.

Fla. 4th DCA | 2020-12-09
No. 19-2780
Henning, Patti Englander, Gross, J., Ciklin, J., Bell, Carolyn, Associate Judge
Florida District Court of Appeal, Fourth District (2020)

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Holding

Trial judges have discretion and flexibility in fashioning remedies for failure to comply with Chapter 766 of Florida's medical malpractice statute.


Headnotes

[1] Trial judges possess discretion and flexibility in fashioning remedies for failure to comply with Florida's medical malpractice statute, Chapter 766.

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Key Quotes

“The language of the statute demonstrates the discretion and flexibility accorded to a trial judge in fashioning a remedy for failing to comply with Chapter 766.”

Court's citation to McPherson v. Phillips, 877 So. 2d 755, 758 (Fla. 4th DCA 2004)

Facts & Procedural History

Nur Clarke appealed a decision from the Circuit Court for the Seventeenth Judicial Circuit in Broward County regarding a medical malpractice matter ag…

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Opinion of the Court
Ciklin

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

NUR CLARKE, Appellant,

v.

NORTHWEST MEDICAL CENTER, INC., Appellee.

No. 4D19-2780

[December 9, 2020]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 15-20071 CACE (26).

Joel S. Perwin of Joel S. Perwin, P.A., Miami Beach; and Scott S. Liberman, Ivan F. Cabrera and Brent M. Reitman of Liberman, Cabrera, Thompson & Reitman, PLLC, Fort Lauderdale, for appellant.

Alyssa M. Reiter of Wicker Smith O’Hara McCoy & Ford, P.A., Fort Lauderdale, for appellee.

Jeffrey V. Mansell of Burlington & Rockenbach, P.A., West Palm Beach, Amicus Curiae for Florida Justice Association.

PER CURIAM.

Affirmed. See McPherson v. Phillips, 877 So. 2d 755, 758 (Fla. 4th DCA 2004) (“The language of the statute demonstrates the discretion and flexibility accorded to a trial judge in fashioning a remedy for failing to comply with Chapter 766.”).

GROSS, CIKLIN, JJ., and BELL, CAROLYN, Associate Judge, concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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