Brannock Humphries & Berman Beats Back Certiorari Petition

The Second District Court of Appeal has rejected a petition filed by Heart of Florida Regional Medical Center, handing a win to Brannock Humphries & Berman’s clients in a tragic medical malpractice case.

The lawsuit brought by Brannock Humphries & Berman’s clients alleges that the hospital and a radiologist were negligent for failing to diagnose some severe heart abnormalities in the plaintiffs’ child. Originally, the plaintiffs’ allegations against the hospital were confined to vicarious liability for the radiologist’s negligence. But after uncovering evidence during discovery of the hospital’s own negligence, the plaintiffs amended their complaint to add a new negligence count directly against the hospital.

The hospital moved to dismiss the new negligence allegations, arguing that the plaintiffs had failed to comply with presuit requirements imposed by Florida law for bringing medical malpractice claims. In response, the plaintiffs raised several alternative arguments for why the new count was properly pled, including that the presuit requirements did not apply and the hospital had already been served with presuit notice.

The trial court denied the hospital’s motion to dismiss, and the hospital sought certiorari review of that decision in the Second District. Following a written response from Brannock Humphries & Berman, the appellate court denied the petition without comment. This means the plaintiffs’ negligence claim against the hospital can move forward.