Jason Azzarone Was Successful in Arguing to the Second District Court of Appeal in a Medical Malpractice Defamation Case

Jason Azzarone was successful in arguing that the Trial Court erred in denying a motion to dismiss the Plaintiff’s Complaint for failing to comply with Florida’s Medical Malpractice Pre-Suit Screening Requirements in Halsey v. Hoffman. In the Complaint, the Plaintiff alleged that the physician included an incorrect diagnosis in medical records. As the medical records were shared with other physicians, Plaintiff alleged causes of action for defamation, slander, intentional infliction of emotional distress and negligent infliction of emotional distress. The Trial Court denied the Defendants’ Motion to Dismiss, holding that the claims raised did not allege medical malpractice and therefore, compliance with pre-suit was not required. Mr. Azzarone argued that the Trial Court’s ruling was incorrect because the claims all arose out of the rendering of medical care. The Second District Court of Appeal agreed, granted the Petition for Writ of Certiorari and quashed the Order denying the motion to dismiss.