Legg v. Benson

Plaintiffs' Response to Petition for Writ of Certiorari


Plaintiffs filed response in opposition to Petition for Writ of Certiorari regarding the qualifications of presuit expert. Plaintiff utilized a Colon-Rectal specialist for presuit review to determine that there was a reasonable basis to proceed with a claim for medical negligence against 3 defendants; hospital, OB-GYN, and colon-rectal surgeon. The OB-GYN filed a Motion to Dismiss claiming that Plaintiffs' expert was not a similar health care provider. The specific medical condition in question is the failure to timely diagnose and treat "C. diff. colitis". This condition is commonly treated by OB-GYN as well as Colon-Rectal specialists. In Florida, a complaint for medical malpractice must be supported by an affidavit from a qualified expert who is either Board Certified in the same specialty as the defendant or a similar specialty that deals with the same medical condition.

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Reference Info:Appellate Brief | Federal, 11th Circuit, Florida | United States

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