Ralph Martinez, Zack Trapp and Dhillon Ramkhelawan obtained a dismissal for a Key West Podiatrist on July 25, 2023, due to Plaintiff’s failure to join the State of Florida as an indispensable party
This was a complex medical malpractice case where Plaintiff alleged our client was negligent in the performance of his total left ankle replacement surgery. The case also involved a unique situation where our client treated Plaintiff through the Florida Department of Health’s Volunteer Healthcare Provider Program as an agent of the State. We communicated the relationship to Plaintiff’s counsel numerous times prior to the hearing, and attached our client’s contract with the Department to our Motion. The judge agreed that a dismissal was warranted because the State of Florida must be a party in order for the case to proceed fairly.