Jason Azzarone and David Nelson Successful in Arguing to the Fifth District Court of Appeal
Jason Azzarone and David Nelson were successful in arguing to the Fifth District Court of Appeal that the Trial Court departed from the essential requirements of law in denying the defendant hospital’s motion to dismiss the complaint on the basis that the plaintiffs failed to comply with Florida’s Medical Malpractice presuit screening requirements in Osceola Regional Hospital v. Calzada, 246 So.3d 1300 (Fla. 5th DCA 2018). In its written opinion, the Fifth District held that the Trial Court was required to conduct an evidentiary hearing and make express findings as to whether the plaintiff did or did not comply with Florida’s medical malpractice presuit screening requirements.