Andrew Hudson obtains Dismissal with Prejudice in a Medical Malpractice Case

Andrew Hudson obtains Dismissal with Prejudice in a Medical Malpractice Case

Andrew R. HudsonAndrew Hudson recently prevailed on a Motion to Dismiss with Prejudice. Plaintiff filed a medical malpractice Complaint against healthcare Defendants without serving a Notice of Intent and accordingly did not participate in pre-suit as required by Florida Statue 766. Following arguments by all parties, the Judge ruled in favor of the Defense and found that the subsequent serving of a notice of intent could not be curative because the statute of limitations had run and accordingly the ruling was with prejudice.