Ralph Martinez, Stacey Carlisle and Dhillon Ramkhelawan got a dismissal for a Volusia County dentist on September 19, 2023
The Plaintiff alleged medical negligence and bodily injury related to a crown placement done by our client. Plaintiff attempted to circumvent the presuit investigation requirements for medical negligence cases in Florida by bringing additional causes of action for breach of contract, emotional distress, and products liability. We argued that Florida’s medical malpractice statute, and its progeny of case law, requires that Plaintiff must still comply with the presuit investigation process to bring these additional causes of action because they were incidental to the medical/dental services provided by our client. The Judge agreed with our argument and dismissed Plaintiff’s case.