Florida Law Weekly – May 25, 2018

Rodriguez v. Nicolitz, M.D.  – (1^st DCA)

In this medical malpractice case, the Rodriguez Court held that the Trial Court properly dismissed an action against an ophthalmologist upon finding that the Affidavit of the Plaintiff’s expert, an infectious disease specialist, was inadequate to satisfy pre-suit notice requirements. The Rodriguez Court specifically found that the expert did not practice in the same specialty as the Defendant.