06/28/2017    

IN THE COURTS

FL Court Rejects Malpractice Lawsuit Over ‘Expert’ Affidavit 

 

Florida’s 2nd District Court of Appeal has ruled that a woman can’t sue the Florida Orthopaedic Institute and a doctor for allegedly performing an unneeded surgery because she didn’t provide expert affidavits from a qualified medical professional. In its decision, the court agreed to grant Dr. Michael Clare's and Florida Orthopaedic Institute’s (FOI) petition for writ of certiorari to reverse a lower court ruling that reinstated the lawsuit.

 

Maria Johnson Lynch went to FOI after she broke her toe and underwent a variety of treatments, including surgery, all of which failed to fully resolve the issue, according to court records. Lynch then filed a complaint against FOI alleging malpractice. As part of her complaint, she included a written affidavit of Dr. Benjamin Overley, who is a board-certified podiatrist. FOI challenged this affidavit, claiming that it did not qualify as a proper corroborating affidavit because Clare is a board-certified orthopedic surgeon, not a podiatrist.

 

Source: David Hutton, Florida Record [6/26/17]