Court of Appeals again dismisses malpractice claim because victim did not explain in pre-suit notice "how" negligence caused death
The family of Norma Jean Blocker sued her doctors claiming that their failure to identify post-surgical complications in 2002 resulted in Blocker's death in 2003. The case has now been to the Court of Appeals three times, and each time Judge Henry Saad and his colleagues have dismissed it. On this occasion, they were charged with determining whether the pre-suit Notice of Intent filed by Blocker's Estate was adequate.
The judges noted that the NOI was five pages long, that it was directed to "sophisticated medical professionals who will likely be able to understand the medical significance of any alleged failures on their part," that the "good faith standard [required in a Notice] should not be a high standard," and that parts of the NOI consisted of "specific and detailed statements that together set forth the content required by statute." Nevertheless, they ruled, again, that the case must be dismissed with prejudice because the NOI concluded with a blanket statement that "had the standard of care been complied with in a timely and reasonable manner, [Mrs. Blocker] would not have suffered severe and permanent damage and untimely demise."