Derespina v. North Broward Hospital District
19 So. 3d 1128 (Fla. 4th DCA 2009) (October)
The plaintiff brought suit against a hospital, claiming that a stocking that was placed on her thigh during a procedure caused blistering and scaring. The claim was accompanied by an affidavit in which a nurse, who was also the plaintiff’s sister and the plaintiff’s attorney’s mother, stated that medical malpractice had occurred. The trial court granted the hospital’s motion to strike the claim based on what it deemed a failure to reasonably investigate the merits of the action. The Court affirmed this ruling on appeal, holding that the nurse’s relationship to the plaintiff and her attorney showed bias. The district court also pointed out that the plaintiff could have easily utilized a medical professional who was not a family member to provide such an affidavit.