Mobley v. Hirschberg

Shawanni Mobley appeals a final summary judgment in favor of the defendant below, Dr. Gilbert E. Hirschberg, on her claim for personal injuries. The basis for the ruling was that Mobley failed to comply with the medical malpractice presuit procedures. See § 766.106, Fla. Stat. (2004). We reverse because Mobleys simple negligence claim did not arise out of the rendering of, or the failure to render, medical care or services.