5D05-4185 Mirza v. Trombley

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Fifth District Court » 2006 » 5D05-4185 Mirza v. Trombley

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-4185

Case Date: 12/04/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006 ASIF MIRZA, M.D., Petitioner, v. FRANK TROMBLEY AND TAMMY TILLMAN, ETC., ET AL, Respondents. ________________________________/ Opinion filed December 8, 2006 Petition for Certiorari Review of Order from the Circuit Court for Seminole County, Debra S. Nelson, Judge. Craig S. Foels and Robin D. Black of Hannah, Estes & Ingram, P.A., Orlando, for Petitioner. Alan J. Landerman of The Nation Law Firm, Longwood, for Respondents Frank Trombley and Tammy Tillman. LAWSON, J. Dr. Asif Mirza seeks a writ of certiorari quashing the trial court's order in a medical malpractice action. summary judgment. The order denied Dr. Mirza's motion for dismissal or CASE NO. 5D05-4185

Dr. Mirza argues that his motion should have been granted

because respondents did not individually serve him with a notice of intent pursuant to section 766.106(2), Florida Statutes (2004), and did not individually name him in their corroborating expert affidavit, filed pursuant to section 766.203(2), Florida Statutes (2004). certiorari. We find that the trial court properly denied Dr. Mirza's motion and deny

On February 3, 2005, respondents sued Dr. Mirza, Dr. Faisal Ahmad, East Coast Hospital Inpatient Specialists, P.L.C. ("ECHIS"), and six other healthcare providers, alleging medical negligence in Patricia Trombley's treatment, which ultimately led to her death. More precisely, respondents claimed that the defendants' actions "fell below the appropriate standard of care" by inappropriately "ordering and administering heparin therapy . . . which caused an intracranial bleed, resulting in the death of Patricia Trombley." The alleged negligence occurred in the period between Trombley's

admission into Central Florida Regional Hospital on February 6, 2003, and her death on February 9, 2003. Drs. Mirza and Ahmad practiced medicine together at ECHIS and were co-owners of the practice. Chapter 766 articulates "a complex investigation procedure that both the claimant and defendant must follow before a medical negligence claim may be brought in court." Kukral v. Mekras, 679 So. 2d 278, 280 (Fla. 1996). These requirements are "designed to facilitate the amicable resolution of medical malpractice claims," Patry v. Capps, 633 So. 2d 9, 11 (Fla. 1994) (quoting Ingersoll v. Hoffman, 589 So. 2d 223, 224 (Fla. 1991)), and include both a notice requirement and a requirement that the potential plaintiff's attorney conduct a reasonable investigation to determine whether a good faith basis exists to claim medical negligence. Kukral, 679 So. 2d at 280. As part of the

investigation requirement, the attorney must obtain a "verified written medical expert opinion from a medical expert" that "corroborate[s] reasonable grounds to support the claim of medical negligence."

Download 5D05-4185 Mirza v. Trombley.pdf