LUIS YORDAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Shawanni Mobley v. Gilbert E. Hirschberg, P.A., 915 So. 2d 217 (Fla. 4th DCA 2005)
  …the course of treatment. Section 766.106 imposes presuit requirements on a claim for medical negligence or malpractice. Such a claim is one “arising out of the rendering of, or the failure to render, medical care or services.” See Burke v. Snyder, 899 So. 2d 336, 338 (Fla. 4th DCA 2005) (citing J.B. v. Sacred Heart Hosp. of Pensacola, 635 So. 2d 945, 949 (Fla.1994)); § 766.106(1)(a), Fla. Stat. (2004). Claims of simple negligence or intentional torts which do not involve the provision of medical care or ser…

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• Joseph v. Univ. Behavioral LLC, 71 So. 3d 913 (Fla. 5th DCA 2011)
  …or medical negligence or malpractice. Such a claim is one “arising out of the rendering of, or the failure to render, medical care or services.” Mobley v. Gilbert E. Hirschberg, P.A., 915 So. 2d 217, 218 (Fla. 4th DCA 2005) (quoting Burke v. Snyder, 899 So. 2d 336, 338 (Fla. 4th DCA 2005); § 766.106(1)(a), Fla. Stat. (2008). Claims of simple negligence or intentional torts which do not involve the provision of medical care or services do not require compliance with chapter 766 presuit requirements. See Lake S…
• DR. Navarro's Vein Ctr. OF the Palm Beach, Inc. v. Miller, 22 So. 3d 776 (Fla. 4th DCA 2009)
  …e the nub of the plaintiff's claim is a theory of negligence apart from medical malpractice.” See, e.g., O'Shea v. Phillips, 746 So. 2d 1105, 1108 (Fla. 4th DCA 1999) (sexual battery by a neurologist), receded from on other grounds, Burke v. Snyder, 899 So. 2d 336 (Fla. 4th DCA 2005); see also Tenet St. Mary's Inc. v. Serratore, 869 So. 2d 729 (Fla. 4th DCA 2004) (a hospital employee kicking a patient constituted a claim of simple negligence against the hospital).…

Authorities Cited

• Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986)