ROCK POLLOCK, SR. AND SHAWNA M. POLLOCK, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF R.P., A MINOR, APPELLANTS,
v.
LAURA DANNER, C.N.M.; GULF COAST OBSTETRICS & GYNECOLOGY, LTD. F/K/A CORCORAN, EASTERING & DOYLE-VALLERY, LTD.; AND SARASOTA COUNTY PUBLIC HOSPITAL DISTRICT D/B/A SARASOTA MEMORIAL HOSPITAL, APPELLEES
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The court affirmed dismissal of medical malpractice claims arising from childbirth injuries because counsel failed to comply with presuit notice requirements under Florida law, despite disagreeing with the trial court's NICA exclusivity rationale.
Medical malpractice claims arising from childbirth injuries must be dismissed when counsel fails to comply with presuit notice requirements under sections 766.104 and 766.106, Florida Statutes.
[1] Presuit notice requirements under sections 766.104 and 766.106, Florida Statutes, are mandatory procedural prerequisites to medical malpractice litigation and noncomplian…
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Join FLexlaw to unlock all legal intelligenceThe Pollocks brought a medical malpractice action against a certified nurse midwife, obstetrics practice, and hospital based on injuries sustained by …
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Rock Pollock, Sr. and Shawna M. Pollock appeal a final order adopting the recommendation of magistrate to dismiss their medical malpractice claims against appellees Laura Danner, C.N.M., Gulf Coast Obstetrics & Gynecology, LTD, and Sarasota Memorial Hospital. The Pollocks brought the medical malpractice action against the appellees based on injuries sustained by Mrs. Pollock and the Pollocks’ child during childbirth. The trial court concluded that the Pollocks’ claims should be dismissed because the Florida Birth-Related Neurological Injury Compensation Plan (NICA) provided the exclusive remedy for the claims under section 766.303(2), Florida Statutes (2010). Although we agree that the trial court erred by concluding that Mrs. Pollock’s injuries were compensable under NICA, we conclude that dismissal was proper because the Pollocks’ counsel failed to comply with the presuit requirements of sections 766.104 and 766.106.1 And because the trial court reached the “right result, albeit for the wrong reasons,” we affirm the trial court’s dismissal of the Pollocks’ action. See generally Johnson v. Allstate Ins. Co., 961 So.2d 1113, 1115 (Fla. 2d DCA 2007) (applying the “tipsy coachman” doctrine).
Affirmed.
NORTHCUTT and WALLACE, JJ., Concur.