Civil Litigation

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Dr. Navarro

22 So. 3d 776 (Fla. 4th DCA 2009) (November)

A patient filed a medical malpractice suit after sustaining injuries during laser hair removal. The doctor moved to dismiss the complaint on the grounds that the patient had not complied with the pre-suit requirements of medical malpractice act in chapter 766. The trial court denied this motion, finding that the doctor was performing a cosmetic procedure in this instance and not medical treatment. The district court reversed holding that laser hair removal was a medical procedure and noting that a doctor performed the procedure to support this holding.



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