Morris v. Muniz

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In this wrongful death medical malpractice action, the Supreme Court quashed the decision of the First District Court of Appeal affirming the trial court’s dismissal of Plaintiff’s action and remanded with instructions to reinstate Plaintiff’s complaint, holding that the trial court erred in dismissing Plaintiff’s complaint where the record established that Plaintiff’s presuit expert was qualified and that Defendants did not suffer prejudice for any alleged noncompliance with discovery. Specifically, the Supreme Court held (1) where the facts regarding a presuit expert’s qualifications are unrelated, the proper standard of review of a trial court’s dismissal of a medical malpractice action based on its determination that the plaintiff’s presuit expert witness was not qualified is de novo; (2) before a medical malpractice action can be dismissed based on a trial court’s finding that the plaintiff or plaintiff’s counsel failed to comply with the informal presuit discovery process for medical malpractice actions, the trial court must find that such noncompliance prejudiced the defendant; and (3) Plaintiff’s presuit medical expert in this case clearly met the statutory requirements for medical experts, and Plaintiff complied with the necessary discovery. View "Morris v. Muniz" on Justia Law