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MURPHY v. DULAY

Case No. 4:13cv378-RH/CAS.

975 F.Supp.2d 1200 (2013)

Glen MURPHY, Plaintiff, v. Adolfo C. DULAY, M.D., and Adolfo C. Dulay, M.D, P.A, Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

September 25, 2013.

Attorney(s) appearing for the Case

Robert S. Peck, Washington, DC, Brett Elliott Von Borke, David Marc Buckner, Grossman Roth PA, Coral Gables, FL, Ralph Vinson Barrett, Jr., Eubanks Barrett Fasig & Brooks, Tallahassee, FL, for Plaintiff.

Erik Pelletier Bartenhagen, Hicks Porter Ebenfeld etc. PA, Miami, FL, Diane Gail DeWolf, Office of the Attorney General, Albert Bowden, Attorney General State of FL, Allen C. Winsor, Florida Attorney General, Tallahassee, FL, for Defendants.

ORDER ON THE MERITS

ROBERT L. HINKLE, District Judge.

The plaintiff is a former patient of the defendant doctor. The plaintiff intends to pursue a medical-negligence action against the doctor. The plaintiff asserts that a presuit condition imposed by Florida law is preempted by federal law. The issue is whether a state, by statute, may require a patient, as a condition precedent to pursuing a medical-negligence claim, to sign an authorization allowing...

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