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4th DCA Grants Certiorari Petition in Wrongful Death Action

Wed 20, May 2020 by on News


Eric Netcher and Josh Walker won an appellate victory before the Fourth District Court of Appeal in a wrongful death lawsuit. The issue was whether a claim against a residential treatment facility arising out of the alleged failure to administer medications constituted a claim for medical negligence, such that the plaintiff would be required to comply with the pre-suit requirements of the Medical Malpractice Act. The trial court denied our motion to dismiss, finding that the claims sounded in ordinary negligence. We filed a petition for writ of certiorari and the appellate court resoundingly accepted our arguments, concluding that it had “no difficulty or doubt in concluding that Plaintiff’s claims sound in medical negligence.” This appellate victory effectively concludes this litigation in favor of our client.

If you need appellate counsel, contact Eric Netcher at or 407-789-1830.