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· 6/25/2008

MARTIN MEMORIAL MEDICAL CENTER v. Herber

Citations

  • 984 So. 2d 661
  • 2008 Fla. App. LEXIS 9436
  • 2008 WL 2512397

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that trial court departed from essential requirements of law by failing to determine whether patient conducted reasonable investigation and whether her claim rested on reasonable 2 basis
  • holding that the failure of a hospital to timely comply with a request for medical records results in a waiver of the requirement for a claimant to file a corroborating medical affidavit
  • granting certiorari where trial court failed to determine whether plaintiff conducted good faith investigation or whether there was reasonable basis for claim
  • granting a petition for writ of certiorari because the trial court failed to determine at the hearing whether the plaintiff had conducted the good-faith presuit investigation required by the statute
  • “Certiorari may lie to review an order denying a motion to dismiss for failure to comply with presuit investigation requirements in a medical malpractice action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Damoorgian

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.