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DAVIS v. KARR

Case No. 5D18-149.

264 So.3d 279 (2019)

Michelle DAVIS as Personal Representative of the Estate of Sandra Dale Essex, Appellant, v. Michael A. KARR, M.D., Karr and Kornberg Orthopaedic Associates, M.D., P.A., D/B/A Orthopaedic Associates of Osceola, William Stanton, M.D., and Osceola Regional Hospital, Inc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 26, 2019.

Attorney(s) appearing for the Case

Dennis Wells , of Webb & Wells, P.A., Longwood, for Appellant.

Andrea Lozano Diederich and Bradley P. Blystone , of Marshall, Dennehey, Warner, Coleman & Goggin, P.C., Orlando, for Appellees Michael A. Karr, M.D., and Karr and Kornberg Orthopaedic Associates, M.D., P.A. d/b/a Orthopaedic Associates of Osceola.

No Appearance for Other Appellees.

The primary issue that we address in this case is whether under Florida's Medical Malpractice Act a presuit affidavit submitted by a plaintiff from a health care provider who does not specialize in the same field as the defendant nevertheless meets the statutory presuit investigatory requirements for filing a medical negligence suit...

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