RAYMOND OENBRINK, D.O.; EMSA LIMITED PARTNERSHIP; PALM BEACH GARDENS MEDICAL CENTER; STEWART BITMAN, M.D.; DAVID L. VASTOLA, D.O.; DAVID L. VASTOLA, D.O., P.A.; AND EDGAR COVARRUBIAS, M.D., PETITIONERS,
v.
CAROLE SCHIEGNER, INDIVIDUALLY AND AS GUARDIAN OF SUZANNE SCHIEGNER, AN INCOMPETENT, RESPONDENTS
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The court denied defendants' petition for certiorari challenging pretrial orders that found plaintiffs complied with Florida's medical malpractice presuit screening requirements under section 766.
Defendants failed to demonstrate a departure from the essential requirements of law necessary to obtain certiorari review of orders finding compliance with presuit screening requirements.
[1] Certiorari review of an order denying a motion to dismiss for failure to comply with medical malpractice presuit screening requirements under section 766, Florida Statute…
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PER CURIAM.
We deny the petition for writ of certiorari in this medical malpractice action in which the Petitioners/Defendants seek review of pretrial orders holding that Plaintiffs have complied with the presuit screening requirements of section 766, Florida Statutes.
We recognize that certiorari review may be used to challenge an order that denies a motion to dismiss for failure to comply with the statutory presuit notice requirements, provided that there is a demonstrable irreparable injury and a departure from the essential requirements of law, even though certiorari is ordinarily not available to review an order denying a motion to dismiss under Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987). See Shands Teaching Hospital and Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994); Miami Physical Therapy Assoc., Inc. v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994); NME Properties, Inc. v. McCullough, 590 So. 2d 439 (Fla. 2d DCA 1991). See also Southern Neurosurgical Assoc., P.A. v. Fine, 591 So. 2d 252 (Fla. 4th DCA 1991). However, here Petitioners have failed to demonstrate such a departure from the essential requirements of law. Duffy v. Brooker, 614 So. 2d 539 (Fla. 1st DCA), rev. denied sub nom. Physicians Protective Trust Fund v. Brooker, 624 So. 2d 267 (Fla.1993); Williams v. Powers, 619 So. 2d 980 (Fla. 5th DCA 1993); Wolfsen v. Applegate, 619 So. 2d 1050 (Fla. 1st DCA 1993).
The petition is denied.
STONE, POLEN and PARIENTE, JJ., concur.
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Cmty. Blood Ctrs. OF S. Fla., Inc. v. Francine Damiano, 697 So. 2d 948 (Fla. 4th DCA 1997)…e an order that denies a motion to dismiss for failure to comply with the statutory presuit notice requirements “provided that there is a demonstrable irreparable injury and a departure from the essential requirements of law.” Oenbrink v. Schiegner, 645 So. 2d 167, 168 (Fla. 4th DCA 1994), review denied sub nom. Palm Beach Gardens Med. Ctr. v. Schiegner, 654 So. 2d 131 (Fla.1995).7 In Sova Drugs, Inc. v. Barnes, 661 So. 2d 393, 394 (Fla. 5th DCA 1995), the fifth district explained the reason for exercising c…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- NME Props., Inc. v. McCULLOUGH, 590 So. 2d 439 (Fla. 2d DCA 1991)
- Patrick M. Duffy, M.D. v. Brooker, 614 So. 2d 539 (Fla. 1st DCA 1993)
- Miami Physical Therapy Assocs., Inc. v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994)
- Shands Teaching Hosp. & Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994)
- Nursefinders OF ST. Petersburg, Inc. v. Dolan, 619 So. 2d 980 (Fla. 2d DCA 1993)
- S. Neurosurgical Assocs., P.A. v. The Honorable Edward H. Fine, 591 So. 2d 252 (Fla. 4th DCA 1991)
- Wolfsen v. Clarence W. Applegate, M.D., 619 So. 2d 1050 (Fla. 1st DCA 1993)