Summary
In Patino, the court held that because optometrists were not enumerated within the definition of "health care provider," presuit notice was not required.Id. at 1179-80.
Summary of this case from Dirga v. ButlerOpinion
No. 95-1990.
April 3, 1996.
An Appeal from the Circuit Court for Dade County, Arthur Rothenberg, Judge.
Dennis Koltun and Scott Lazar, for appellants.
Stephens, Lynn, Klein McNicholas and Marlene S. Reiss, for appellees.
Before BARKDULL, NESBITT and COPE, JJ.
We find that the trial court erred in requiring the plaintiffs in a negligence action against an optometrist to meet the presuit requirements of Chapter 766, Fla.Stat. (1995). The provisions of this chapter are limitations on Article I, Section 21 of the Florida Constitution, and therefore should be strictly construed. See GBB Investments, Inc. v. Hinterkopf, 343 So.2d 899 (Fla. 3d DCA 1977). Optometrists are not enumerated in Section 768.50 (2)(b), and therefore there is no presuit notice required as a condition to maintaining the negligence action in the trial court. The final order dismissing the cause on this ground, be and the same is hereby reversed and the matter returned to the trial court for further proceedings.
Section 768.50 (2)(b) was repealed in 1986 by Ch. 86-160, § 68 Laws of Fla., but remains viable for this purpose because it is referred to in section 766.102 (1), Fla.Stat. (1995). See Weinsrock v. Groth, 629 So.2d 835, 838 (Fla. 1993).