complaint alleges claim in Florida

2023The court held that because the alleged medical negligence occurred on March 27, 2016, 3 the statute of limitations expired on Ramsay’s claims against South Lake and Dr. Neall. 4 “The determination of whether a complaint alleges a claim for medical malpractice is a legal one and is, therefore, reviewed de novo.” Nat’l Deaf Acad., LLC v. Townes, 242 So. 3d 303, 308 (Fla. 2018) (citing Dockswell v. 3 The cause of action arguably accrued on March 30, 2016, when Ramsay was treated at a different facility and received the diagnosis of seven fractures in her back.

2020“The determination of whether a complaint alleges a claim for medical malpractice is a legal one and is, therefore, reviewed de novo.” Nat’l Deaf Acad., LLC v. Townes, 242 So. 3d 303, 308 (Fla. 2018).

2018See S. Miami Hosp., Inc. v. Perez, 38 So. 3d 809, 811 (Fla. 3d DCA 2010) (rejecting the plaintiff’s “disingenuous[] attempts to avoid” pre-suit requirements for medical malpractice actions by “recharacterizing” the allegations); Dr. Navarro’s Vein Ctr. of Palm Beach, Inc. v. Miller, 22 So. 3d 776, 778 (Fla. 4th DCA 2009) (holding that the “factual allegations belie[d] the conclusory legal allegations,” and, “despite the plaintiff’s creative dance around the obvious, this complaint alleges a claim of medical negligence”).

2018See S. Miami Hosp., Inc. v. Perez, 38 So. 3d 809, 811 (Fla. 3d DCA 2010) (rejecting the plaintiff’s “disingenuous[] attempts to avoid” pre-suit requirements for medical malpractice actions by “recharacterizing” the allegations); Dr. Navarro’s Vein Ctr. of Palm Beach, Inc. v. Miller, 22 So. 3d 776, 778 (Fla. 4th DCA 2009) (holding that the “factual allegations belie[d] the conclusory legal allegations,” and, “despite the plaintiff’s creative dance around the obvious, this complaint alleges a claim of medical negligence”).

2018See Dockswell v. Bethesda Mem'l Hosp., Inc. , 210 So.3d 1201 , 1206 (Fla. 2017) ; Pierrot v. Osceola Mental Health, Inc. , 106 So.3d 491 , 492 (Fla. 5th DCA 2013).

2018The plaintiff in Leppert brought suit against her homeowners association alleging “corporate mismanagement, invalidity of the bylaws, and a need for court supervision of all 2 See also Dinuro Invs., LLC v. Camacho, 141 So. 3d 731, 738-41 (Fla. 3d DCA 2014) (holding that Florida requires a direct harm and special injury to a corporation member, or a special duty owed, for a member to maintain an individual action compared to a derivative one); Braun v. Buyers Choice Mortg.