A grieving son has filed a legal complaint seeking crucial information about the medical treatment that led to his father's untimely death. On June 21, 2024, Nikolai A. Mesiatsev, as the Personal Representative of the Estate of Alexey N. Mesiatsev, lodged a complaint in the Circuit Court of the Fifteenth Judicial Circuit of Florida in Palm Beach County against John Doe, MD, and other unnamed defendants.
According to court documents, Alexey N. Mesiatsev was admitted to Wellington Regional Medical Center in July 2023 for an emergency room visit. Tragically, he suffered from alleged medical malpractice that resulted in his wrongful death at the age of 69. Nikolai Mesiatsev claims that despite obtaining medical records from the hospital, he remains unable to identify which physicians were responsible for his father's care and subsequent death. "Based upon the medical records from the hospital," reads the complaint, "Plaintiff is unable to ascertain which of the various physicians involved in Alexey’s care and treatment during his hospitalization may have been responsible for the acts and/or omissions which led to Alexey N. Mesiatsev’s wrongful death."
Florida's Medical Negligence Pre-Suit Statute mandates that any Notice of Intent to Initiate Litigation must be accompanied by a corroborating affidavit from a qualified medical expert who can attest to a reasonable basis for claiming that a healthcare provider breached the prevailing standard of care. However, due to the lack of clarity regarding who exactly was responsible for Alexey's treatment, Nikolai finds himself unable to file such a notice or proceed with pre-suit discovery.
To address this issue, Nikolai is seeking what is known as a Pure Bill of Discovery—a legal mechanism aimed at obtaining necessary documentary and testimonial evidence before formal litigation begins. This type of discovery is essential for him to gather pertinent facts about who provided care to his father during his hospitalization in July 2023. The complaint emphasizes that this discovery will be "narrowly tailored" solely for identifying those responsible.
The plaintiff requests an order permitting limited pre-litigation discovery as outlined in their filing. This would allow them access to crucial information needed to move forward with potential litigation against those whose actions may have contributed to Alexey N. Mesiatsev's wrongful death.
Representing Nikolai A. Mesiatsev is attorney Casey D. Shomo from Casey D. Shomo P.A., based in Palm Beach Gardens, Florida. The case has been assigned Case Number 502024CA005830XXXAMB Div: AG and will be presided over by judges yet to be named.