Barbara Chapman and Jason Azzarone Obtain a Dismissal of An Inmate Civil Rights Case

Barbara Chapman and Jason Azzarone were successful in obtaining the dismissal of a medical negligence claim filed by an inmate in Hillsborough County, in which the firm represented a medical group which  provided medical care to Hillsborough County inmates.  The Plaintiff filed multiple causes of action predicated on his allegation that he was denied medical care.   A motion to dismiss was filed, arguing that the Plaintiff failed to satisfy the condition precedent of notifying the Florida Department of Insurance of the filing of a civil action,  failed to satisfy Florida’s medical malpractice presuit screening requirements, failed to state a cause of action for breach of contract and failed to comply with Florida law regarding the filing of a lawsuit by an indigent prisoner.  The Court agreed, finding that the Plaintiff failed to comply with Florida’s medical malpractice presuit screening requirements.  The Court further agreed that dismissal was warranted as the Plaintiff failed to notify the Florida Department of Insurance of the lawsuit as required by Florida Statute §768.28 and further violated Florida law regarding the filing of a lawsuit by a prisoner as required by Florida Statute § 57.085