David Scott Wells, and North Florida OBGYN, LLC d/b/a Women’s Care Florida v. Rodrigo Quintero, Individually and as Personal Representative of the Estate of Iris Quintero, Rodrigo Quintero and D.E.Q., a Child, by and through his Parent and Natural Guardian Rodrigo Quintero, and St. Vincent’s Medical Center, Inc. d/b/a Ascension St. Vincent’s Riverside Hospital

Summary

The Fifth District Court of Appeal of Florida reverses a nonfinal order denying David Scott Wells and North Florida OBGYN’s motion to dismiss counts in a wrongful-death medical malpractice action. The court holds that the plaintiff failed to satisfy the Medical Malpractice Act’s presuit notice and corroborating-affidavit requirements for claims involving North Florida OBGYN’s direct negligence and lack of informed consent. The case is remanded with instructions to dismiss counts II, III, and IV.

Holdings

1. Rule 9.130(a)(3)(H) did not authorize interlocutory review because the motion to dismiss was based on the complete absence of corroborating opinions for the challenged claims, not on the qualifications of the corroborating expert.
2. Certiorari jurisdiction was available to determine whether Quintero complied with the procedural presuit requirements of the Medical Malpractice Act.
3. A presuit expert affidavit that addresses only the alleged negligence of an individual physician does not satisfy the Medical Malpractice Act’s corroboration requirements for a separate claim alleging direct negligence by the physician’s employer or its employees and agents.
4. The lack-of-informed-consent claims against Dr. Wells and North Florida OBGYN were subject to dismissal because the presuit corroborating affidavit did not address informed consent or identify how either defendant deviated from the applicable standard of care in that regard.

Questions Presented

1. Whether Florida Rule of Appellate Procedure 9.130(a)(3)(H) authorized interlocutory review of the order denying the motion to dismiss.
2. Whether certiorari jurisdiction was available to review compliance with the presuit requirements of Florida’s Medical Malpractice Act.
3. Whether the presuit expert affidavit sufficiently corroborated the negligence claim against North Florida OBGYN.
4. Whether the presuit expert affidavit sufficiently corroborated the lack-of-informed-consent claims against Dr. Wells and North Florida OBGYN.

Disposition

reversed_and_remanded