Mincey v. Moore, 1D01-1016.
Decision Date | 08 February 2002 |
Docket Number | No. 1D01-1016.,1D01-1016. |
Citation | 814 So.2d 1081 |
Parties | David MINCEY, Appellant, v. Michael MOORE, Appellee. |
Court | Florida District Court of Appeals |
David Mincey, Pro Se.
Robert A. Butterworth, Attorney General; Sean F. Callaghan, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, David Mincey, appeals an order dismissing his medical malpractice complaint for failure to provide a written corroborating medical opinion either with his notice of intent to sue or afterwards. See sec. 766.203, Fla. Stat. (1999). We reverse.
review denied, 718 So.2d 170 (Fla.1998); Watson v. Beckman, 695 So.2d 436 (Fla. 3d DCA 1997). In this case, Appellant submitted a written request for his medical records in which he stated that the request was being made in order to comply with the pre-suit requirements of Chapter 766. The Department denied his request. Appellant then filed his notice of intent to sue, stating that the Department had waived the corroboration requirement. Only then did the Department offer to make copies for Appellant. However, after having already denied the request, the Department's waiver was complete and could not be unilaterally revoked.
Accordingly, because the Department waived the written medical corroboration requirement when it denied Appellant's request for his medical records, we REVERSE the dismissal of Appellant's complaint and REMAND for further proceedings.
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Bailey v. Florida Dept. of Corrections, 4D05-322.
...until after Bailey served his notice of intent to file suit. See §§ 766.204(1) and 766.204(2), Fla. Stat. (2002); Mincey v. Moore, 814 So.2d 1081 (Fla. 1st DCA 2002) (reversing an order dismissing an inmate's complaint for failure to provide a corroborating medical opinion, finding that def......