Ana Trisan v. Naples Center for Dermatology & Cosmetic Surgery, P.A., etc., et al.

Summary

The Third District Court of Appeal of Florida affirmed the trial court in an action involving whether the plaintiff's claims were subject to Florida's medical-malpractice presuit notice and statute-of-limitations provisions. The court concluded that the claims arose from medical care or services and cited sections 95.11(4)(b) and 766.106, Florida Statutes, along with related Florida appellate decisions.

Holdings

1. A claim sounds in medical malpractice when it arises out of medical diagnosis, treatment, or care rendered by a healthcare provider and the conduct at issue is directly related to medical care or services requiring professional judgment or skill. Such a claim is subject to the applicable medical-malpractice statutory requirements, including presuit screening and notice.

Questions Presented

1. Whether the claim was an action for medical malpractice or medical negligence subject to Florida's medical-malpractice statutory provisions, including the presuit notice requirements of section 766.106.
2. Whether the claim's characterization should be determined from the well-pleaded allegations and the nature of the conduct, rather than from the label assigned to the claim.

Disposition

affirmed