On September 17, 2024, Senior Partner Jerome Silverberg was granted Dismissal without Prejudice in matter styled Plaintiff v. Dr. David Berkower, Dr. Ignacio Zebaleta and Ventre Medical Associates. The Plaintiff was a psychiatric patient that allegedly overdosed on medications prescribed. The Plaintiff served a Notice of Intent that was deficient due to the claimed failure of the Plaintiff to comply with the statutory pre-suit requirements pursuant to Fla. Stat. 766.1065 requiring the Plaintiff to include medical authorizations for release of Plaintiff’s medical records from health care providers as a part of the Notice of Intent. It was claimed that the Plaintiff’s Notice of Intent was deficient in a number of other respects. However, the Court dismissed the case on the failure to comply with Fla. Stat. 766.1065. The defense further asserted that the case law is clear that the Plaintiff cannot now cure the defects in the Notice of Intent as the Statute of Limitations has expired.

Trial Verdicts and Results
Case:
Plaintiff v. Dr. David Berkower, Dr. Ignacio Zebaleta and Ventre Medical Associates
Practice Area:
Attorney(s) :
Plaintiff Counsel:
Gitkin Law
Result:
Motion to Dismiss without Prejudice Granted
Summary:


