Cleveland Clinic Fla. v. Daniels, No. 4D2023-1477, 2023 WL 6854553 (Fla. Dist. Ct. App. Oct. 18, 2023)

The plaintiffs alleged that Dr. E. Wasser failed to diagnose liver cancer, serving him a notice of intent to sue as required by Florida’s Chapter 766 statutes. The notice was sent via certified mail to an address registered with relevant state agencies and was signed for by an individual named “Jeniffer.” However, despite this service, the defendants, including Dr. Wasser and Cleveland Clinic Florida, moved to dismiss or stay the case, asserting their entitlement to an evidentiary hearing under the 2022 amendment to the statute to challenge the sufficiency and proper receipt of the notice.

After the trial court’s denial of the request, the higher court determined that the trial court did not follow essential procedural requirements by neglecting to conduct a necessary evidentiary hearing as mandated by the 2022 amendment to those statutes. The 2022 amendment specifically requires an evidentiary hearing when the service of pre-suit notice is challenged.