ROSA GONZALEZ MIELES, APPELLANT,
v.
SOUTH MIAMI HOSPITAL, APPELLEE

Fla. 3d DCA | 1995-08-30
No. 94-1762
Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.
659 So. 2d 1265 Florida District Court of Appeal, Third District (1995) Positive Treatment
Cited by 10 cases

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Synopsis

Rosa Gonzalez Mieles appealed the dismissal of her medical malpractice complaint against South Miami Hospital. The trial court dismissed the case because a notarized medical expert opinion was filed late, even though a timely non-notarized opinion substantially complied with Florida's verification requirement. The appellate court reversed, holding that the timely filed signed declaration satisfied the statutory verification requirement, making the late notarized copy immaterial.


Holding

The court held that Dr. Vega's signed declaration using the language prescribed in section 92.525(2), Florida Statutes, substantially complied with the verification requirement of section 766.203, and was permissible when initially and timely filed. Therefore, the subsequent late filing of the notarized copy was immaterial, and the trial court erred in dismissing the complaint.


Headnotes

[1] A "verified written medical expert opinion" under Florida Statutes section 766.203 can be satisfied by a declaration under penalty of perjury, as provided in Florida Stat…

[2] A claimant substantially complies with the statutory verification requirement for a medical expert opinion by timely filing a declaration under penalty of perjury.

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Key Quotes

“Section 92.525(4)(c) further provides: The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words to that import or effect.”

Establishes the legal standard for verification of documents under Florida law, which does not require notarization but only a signed declaration under oath or affirmation.

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Facts & Procedural History

Mieles served a Notice of Intent on South Miami Hospital with a verified written medical expert opinion from Dr. Andres Vega, a licensed physician cer…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Rosa Gonzalez Mieles appeals an order granting South Miami Hospital’s motion to dismiss her medical malpractice complaint. We reverse.

Prior to filing her malpractice claim against South Miami Hospital, Mieles served her Notice of Intent upon the hospital as required by section 766.106, Florida Statutes (1993). Attached was a “Verified Written Medical Expert Opinion” executed by Dr. Andres Vega, M.D., a physician licensed to practice in the state of Florida and certified by the American Board of Anesthesiology. The last paragraph of Dr. Vega’s written opinion stated: “Under penalties of perjury I declare that I have read the foregoing verified written medical expert opinion pursuant to section 766.203, Florida Statutes and that the facts stated are true to the best of [my] knowledge and belief.” After Mieles filed her action, the hospital moved to dismiss, claiming that because Dr. Vega’s expert opinion was not sworn to or notarized, it was not “verified” within the meaning of the statute. An agreed order was entered requiring Mieles to submit a sworn corroborating affidavit by a date certain. When Mieles failed to timely do so, the hospital again moved to dismiss. Before the hearing on the second motion to dismiss, but six weeks after the filing deadline in the trial court’s order, Mieles filed another copy of the original medical opinion, but this time with the addition of a notarization. The hospital again moved to dismiss. Based on Mieles’ late filing, the trial court granted the hospital’s third motion and dismissed the action.

At issue is whether the trial court erred in dismissing Mieles’ complaint based on the untimeliness of the notarized medical opinion, where a timely filed non-notarized medical opinion had substantially complied with the statutory meaning of the word “verified.”

Section 766.203, Florida Statutes (1993), requires that during presuit investigation a claimant must submit a verified written medical expert opinion to corroborate that there are reasonable grounds to initiate the medical negligence litigation. The language of the statute makes no mention of notarization, the requirement being verification. Section 92.525, Florida Statutes (1993), sets forth the legal requirements for verification of documents. That statute provides that verification may be accomplished by either an oath taken before an officer authorized to administer oaths, such as a notary, or by the signing of the written declaration prescribed in section 92.525(2), Florida Statutes (1993), which provides:

A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief’ may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.

Section 92.525(4)(c) further provides:

The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words to that import or effect.

We conclude that Dr. Vega’s signed declaration, using the language set forth in section 92.525, substantially complies with the verification requirement of section 766.203, and was permissible when initially and timely filed, therefore making immaterial the subsequent late filing of the notarized copy of the doctor’s opinion. See State, Dept. of Highway Safety and Motor Vehicles v. Padilla, 629 So. 2d 180 (Fla. 3d DCA 1993), review denied, 639 So. 2d 980 (Fla.1994).

Accordingly, we reverse the order dismissing the complaint and remand for further proceedings.


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Citator

Cited By

  • Royle v. Florida Hospital-East Orlando, 679 So. 2d 1209 (Fla. 5th DCA 1996)
    …submission of a verified written medical expert opinion from a medical expert ... (emphasis added). We agree with Ms. Walker that these provisions do not suggest that notarization of the medical opinion is necessary. Mieles v. South Miami Hospital, 659 So. 2d 1265 (Fla. 3d DCA 1995). In Mieles, the opinion of a medical expert was challenged because it had not been given under oath. However, the written opinion contained the following statement which was executed by the medical expert: “Under penalties of perj…
  • Fla. Hosp. Waterman v. Stoll, 855 So. 2d 271 (Fla. 5th DCA 2003)
    …ion in a medical malpractice action do not mention notarization, the requirement being "verification.” Royle v. Florida Hospital-East Orlando, 679 So. 2d 1209 (Fla. 5th DCA 1996), rev. denied, 689 So. 2d 1071 (Fla.1997); Mieles v. South Miami Hosp., 659 So. 2d 1265 (Fla. 3d DCA 1995). Section 92.525 provides that verification may be accomplished by either an oath taken before an officer authorized to administer oaths, such as a notary, or by the signing of the written declaration prescribed in subsection two.…
  • Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005)
    …ument with an oath or affirmation that the information contained therein is true — it does not require that the document be sworn to before an individual authorized to administer oaths. § 92.525(4)(c), Fla. Stat. (2003); Mieles v. South Miami Hosp., 659 So. 2d 1265 (Fla. 3d DCA 1995); State, Dep’t of Highway [*1019] Safety & Motor Vehicles v. Padilla, 629 So. 2d 180 (Fla. 3d DCA 1993), review denied, 639 So. 2d 980 (Fla.1994). Section 948.06(1), on the other hand, does not provide for verification; it specific…

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