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Florida Third DCA reverses trial court dismissal of medical negligence plaintiff’s case on statute of limitations grounds, finding genuine issue of material fact

On December 26, 2019, in Mobley v. Homestead Hospital, Inc., No. 3D18-895, the Florida Third DCA reversed a trial court’s dismissal of the plaintiff’s medical negligence case on statute of limitations (“SOL”) grounds. The case involved a baby born on September 16, 2009 with a neurological injury allegedly due to improper care by the defendants which was not diagnosed until November 2012. The defendant maintained that the SOL expired at the latest on June 21, 2013, a month before the SOL-tolling Notice of Intent to Initiate Litigation was filed. The defendant’s computation was based on the argument that by May 27, 2010, the plaintiffs should have discovered that an incident giving rise medical negligence occurred. This argument apparently was based premised on the fact that it was at this time that the plaintiffs first retained a medical negligence attorney. However, the Third DCA noted that the plaintiff had testified that she retained the attorney to file a petition to obtain no-fault benefits under Florida’s Birth Related Neurological Injury Compensation Plan, and at that point had no idea there was an issue of medical negligence.

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