A written opinion by a medical expert that is neither sworn, notarized nor otherwise verified is not sufficient to meet medical malpractice pre-suit requirement for a "corroborating medical expert opinion" pursuant to §§ 766.203 and 766.206, Fla. Stat.

The plaintiffs, a husband and wife, brought suit against the wife's orthopedic physician and the physician's practice, alleging medical malpractice during the performance of a knee replacement surgery. Attached to the plaintiffs' complaint was a "certification of counsel" which asserted a good faith basis for the lawsuit and referenced a written opinion of a medical expert. The "written opinion" referenced was a letter from an orthopedic surgeon asserting that the defendants were negligent. The written opinion was neither sworn, notarized nor otherwise verified by the medical expert. The trial court granted the defendants' motion to dismiss the complaint on the basis that the plaintiffs failed to provide a verified corroborating medical expert opinion pursuant to §§ 766.203 and 766.206, Fla. Stat. The Fourth District Court of Appeal affirmed the ruling, holding that a "corroborating medical expert opinion" must be notarized or otherwise verified to meet the requirements of Florida statutes.

Applying this ruling to the defense of medical malpractice claims, health care providers should be cognizant of the requirement that supporting expert opinions, even in denying pre-suit claims, must be notarized or otherwise verified to meet the requirements of §§ 766.203 and 766.206, Fla. Stat.

Case Law Alert - 4th Qtr 2012