McEwan, Martinez, Dukes, Hall & Vancol, PA
108 E. Central Boulevard, Orlando, Florida 32801 phone 407-423-8571

Dismissal Obtained

In November, 2019, Attorneys Wil Vancol and Tom Dukes obtained a dismissal of a medical malpractice case against a Defendant Orthopedic Surgeon for Plaintiff’s failure to properly comply with presuit screening rules. The Plaintiff’s presuit screening affidavit was from a plastic surgeon, a different specialty. The Fifth District Court of Appeal found that the Plaintiff’s presuit investigation was not in good faith. The case involved an evidentiary hearing at the trial court level, an opinion from the Fifth District Court of Appeal and a subsequent decision by the trial court as to the constitutionality of the statute in question.