Zoran Potparic, M.D. v. Junie Barnes, Adore Plastic Surgery, LLC, and Cassandre Dorcely-Forges, A.R.N.P.

Summary

The Florida Fourth District Court of Appeal granted Zoran Potparic, M.D.’s petition for writ of certiorari and quashed an order denying his motion to dismiss a medical negligence action. The court held that the expert affidavit submitted during presuit proceedings did not corroborate the different negligence theory alleged in the second amended complaint, requiring dismissal under sections 766.203(2) and 766.206(2), Florida Statutes. The case was remanded with directions.

Holdings

1. Certiorari review is available to determine whether the procedural aspects of Florida's medical-negligence presuit requirements have been satisfied, including whether the plaintiff submitted a qualifying corroborating expert affidavit.
2. A corroborating expert affidavit must support the negligence theory asserted in the operative complaint; an affidavit addressing an abandoned theory does not satisfy the statutory corroboration requirement for a materially different theory.
3. When the plaintiff fails to submit a corroborating expert affidavit supporting the operative medical-negligence claim, section 766.206(2) requires dismissal of the claim.

Questions Presented

1. Whether certiorari review was available to determine compliance with Florida's medical-negligence presuit requirements.
2. Whether an expert affidavit supporting an abandoned negligence theory corroborated the different negligence theory asserted in the second amended complaint.
3. Whether the circuit court was required under section 766.206(2), Florida Statutes, to dismiss the claim after finding that the affidavit did not support the operative negligence theory.

Disposition

remanded