Godbold v. Cox-Novoa

District Court of Appeal of Florida

Godbold v. Cox-Novoa

730 So. 2d 767, 1999 Fla. App. LEXIS 3342, 1999 WL 148024

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1999

DocketNo. 98-2865

StatusPublished

Cited by1 cases

This text of 730 So. 2d 767 (Godbold v. Cox-Novoa) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Godbold v. Cox-Novoa, 730 So. 2d 767, 1999 Fla. App. LEXIS 3342, 1999 WL 148024 (Fla. Ct. App. 1999).

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Opinion

COBB, J.

Wayne C. Godbold, M.D. and Wayne C. Godbold, M.D. Chartered (Godbold) seek cer-tiorari review of an order denying Godbold’s motion to dismiss a medical malpractice suit for failure to comply with the pre-suit notice provisions of Chapter 766, Florida Statutes. We grant the petition and quash the order denying the motion.

The motion to dismiss should have been granted because the plaintiff failed to provide a corroborating medical expert opinion with the notice of intent to initiate the medical negligence action as required by section 766.203(2)(b), Florida Statutes. The plaintiff in this case cannot avoid this statutory requirement of a corroborating expert opinion. Godbold complied with the plaintiffs discovery requests and provided all records in his possession during pre-suit discovery. The absence of evidence of injury reflected in the medical records does not necessarily preclude the plaintiff from obtaining a corroborating expert opinion. See Central Florida Regional Hospital v. Hill, 721 So.2d 404 (Fla. 5th DCA 1998).

PETITION GRANTED; ORDER QUASHED; REMANDED.

HARRIS and PETERSON, JJ. concur.

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COBB, J.

Wayne C. Godbold, M.D. and Wayne C. Godbold, M.D. Chartered (Godbold) seek cer-tiorari review of an order denying Godbold’s motion to dismiss a medical malpractice suit for failure to comply with the pre-suit notice provisions of Chapter 766, Florida Statutes. We grant the petition and quash the order denying the motion.

The motion to dismiss should have been granted because the plaintiff failed to provide a corroborating medical expert opinion with the notice of intent to initiate the medical negligence action as required by section 766.203(2)(b), Florida Statutes. The plaintiff in this case cannot avoid this statutory requirement of a corroborating expert opinion. Godbold complied with the plaintiffs discovery requests and provided all records in his possession during pre-suit discovery. The absence of evidence of injury reflected in the medical records does not necessarily preclude the plaintiff from obtaining a corroborating expert opinion. See Central Florida Regional Hospital v. Hill, 721 So.2d 404 (Fla. 5th DCA 1998).

PETITION GRANTED; ORDER QUASHED; REMANDED.

HARRIS and PETERSON, JJ. concur.

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730 So. 2d 767, 1999 Fla. App. LEXIS 3342, 1999 WL 148024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godbold-v-cox-novoa-fladistctapp-1999.

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