419 So.3d 1100
Fla. Dist. Ct. App.2025Background
- Potparic performed Sep 2021 surgery on Barnes.
- Barnes sued Potparic for medical negligence.
- Barnes attached an expert affidavit alleging noncompliance with DOH registration and standard of care.
- Discovery showed Potparic was properly registered at the time.
- Barnes filed a second amended complaint abandoning the original theory; no new affidavit filed.
- Trial court denied Potparic’s motion to dismiss; court found issues on presuit compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barnes lacked a proper corroborating affidavit | Potparic | Potparic | Corroborating affidavit missing; dismissal required |
| Whether the trial court departed from presuit requirements | Potparic | Potparic | Court error; certiorari granted |
| Whether dismissal is the proper remedy for noncompliance | Potparic | Barnes | Remand with directions; grant certiorari |
Key Cases Cited
- Rell v. McCulla, 101 So. 3d 878 (Fla. 2d DCA 2012) (corroboration purpose is to show claim legitimacy)
- Ragoonanan ex rel. Ragoonanan v. Assocs. in Obstetrics & Gynecology, 619 So. 2d 482 (Fla. 2d DCA 1993) (notice and affidavit must indicate deviation from standard)
- Williams v. Oken, 62 So. 3d 1129 (Fla. 2011) (presuit requirements review as a certiorari exception)
- Kukral v. Mekras, 679 So. 2d 278 (Fla. 1996) (presuit medical malpractice screening requirements)
- Rafferty v. Martin Mem’l Med. Ctr., Inc., 335 So. 3d 144 (Fla. 4th DCA 2022) (affidavit must comply with §766.203(2))
- Tomas v. Sandler, 406 So. 3d 1089 (Fla. 3d DCA 2025) (affirming dismissal for noncompliant corroboration)
- Howell v. Balchunas, 284 So. 3d 1180 (Fla. 1st DCA 2019) (presuit corroboration standards applied)