Florida Law Weekly – July 13, 2018

Osceola Regional Hospital v. Calzada, (5th DCA)

In an argument presented by Mr. Azzarone and Mr. Nelson, the Osceola Regional Hospital Court agreed that the Trial Court departed from the essential requirements of law in denying the defendant hospital’s motion to dismiss the complaint on the basis that the plaintiffs failed to comply with presuit. The Osceola Regional Hospital Court held that the Trial Court was required to conduct an evidentiary hearing and make express findings as to whether the plaintiff complied, or did not comply, with Florida’s medical malpractice presuit screening requirements.