University of South Florida Board of Trustees v. Mann, ___ So. 3d ___, 40 Fla. L. Weekly D563 (Fla. 2d DCA March 4, 2015)
Although it found that the plaintiff’s corroborating medical affidavit in a medical malpractice case “could [have been] more detailed, [the appellate court could not] conclude that the trial court departed from the essential requirements of law by denying the [defendant’s] motion to dismiss” the counts of the complaint that the affidavit addressed. On the other hand, the trial court did depart from the essential requirements of law by failing to dismiss a count based upon the negligence of the defendant’s nursing staff and supervisor because the affidavit did not deal with this issue.
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