Kravitz v. Benjamin
Kravitz v. Benjamin
Opinion of the Court
Marvin Kravitz and Margot Kravitz, his wife, appeal the trial court’s dismissal with prejudice of Mr. Kravitz’s complaint for dental malpractice on the ground that it failed to comply with the statutory requirements of section 766.203, Florida Statutes (1988). We reverse.
On February 14,1991, appellant filed suit against his dentist, Paul Talchik. In his complaint, appellant alleged dental negligence on the part of Dr. Talchik and Lewis S. Benjamin, D.M.D., P.A. On March 13, 1991, Dr. Talchik filed a motion to dismiss the complaint. In his motion, Dr. Talchik alleged that appellant’s complaint should be dismissed based on a failure to comply with the presuit requirements in section 766.203, Florida Statutes. On October 24, 1991, the trial court heard argument on the motion. At the conclusion of the hearing, the trial court requested that each party submit a memorandum of law in support of their respective positions. Thereafter, on November 22, 1991, the trial court granted appellee’s motion to dismiss upon its ruling that appellant’s failure to provide a verified written medical expert opinion with the 1990 notice of intent was a defect fatal to appellant’s claim. The trial court then entered a final judgment of dismissal.
Appellant argues that the lack of a verified written medical expert opinion was not fatal to his claim because the mal
. Notably, the language in Chapter 88-1 sharply contrasts with the language the legislature used in the predecessor section 768.57, which provided that “[t]his act shall operate retroactively to October 1, 1985." Paragraph (10) of that section also provided that it shall not apply to any cause of action with respect to which suit has not been filed prior to October 1, 1985.
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