By nerdbirdmafia NOTICE OF INTENT TO INITIATE LITIGATION UNDER §766.106, FLORIDA STATUTES
IN THE MATTER OF:
EVA MARIE FREETH (Claimant)
v.
DR. ANDREW FREETH, M.D., and HCA FLORIDA HEALTHCARE
Date: October 27, 2025
VIA CERTIFIED MAIL / RETURN RECEIPT REQUESTED
To:
Dr. Andrew Freeth, M.D.
HCA Florida Healthcare
Attn: Legal Department / Risk Management
4500 San Pablo Road
Jacksonville, FL 32224
and
HCA Florida Healthcare (Registered Agent)
CT Corporation System
1200 South Pine Island Road
Plantation, FL 33324
and
Joseph A. Alvarez, Esq.
Sussman, Johnson & Alvarez Family Law
1200 Riverplace Blvd, Suite 850
Jacksonville, FL 32207
Re: Notice of Intent to Initiate Litigation – Unauthorized Prescribing, Medical Negligence, Conflict of Interest, and Related Claims
Dear Dr. Freeth, HCA Florida Healthcare, and Counsel:
Please take notice that I, Eva Marie Freeth, intend to initiate litigation against Dr. Andrew Freeth, M.D., and HCA Florida Healthcare, pursuant to Chapter 766, Florida Statutes, for unauthorized prescribing, medical negligence, breach of ethical duty, and related torts.
This Notice is provided in accordance with §766.106(2), Florida Statutes, to afford each of you and your insurers the opportunity to conduct a pre-suit investigation and respond within the ninety (90)-day statutory period prior to formal filing.
Factual Basis
Between approximately 2020 and 2024, Dr. Freeth, an emergency-room physician without behavioral-health credentialing, repeatedly prescribed psychotropic medications to me outside any lawful physician–patient relationship. These prescriptions were issued without examination, evaluation, consent, follow-up, or proper medical oversight, in direct violation of professional and statutory standards.
In June of 2024 I was administered a drug urine screen by the Florida Department of Children and Families (DCF) and one of the medications prescribed to me, Buspar (Buspirone), by Dr. Freeth caused a false positive for fentanyl. Because Dr. Freeth does not have proper credentialing to prescribe behavioral health medications he was unfamiliar with this common occurrence with this medication and therefore did not warn me of this common occurrence with this medication. This is an egregious violation of professional and statutory standards and is also gross medical negligence that caused me and my children emotional distress and suffering, as well as reputational harm.
Beyond these unauthorized prescriptions, Dr. Freeth engaged in conduct that exceeded all medical boundaries by prescribing medication for a six-year-old child who was not his patient and not related to him. He knowingly called the prescription into the pharmacy using his own minor son’s name to conceal the true recipient, thereby falsifying patient records and violating both state and federal law. Such acts constitute misuse of medical credentials, insurance fraud, and gross medical negligence. Dr. Freeth also repeatedly prescribed medications for our two common minor children without examination or evaluation, thus putting his own children at risk of medical negligence.
In addition, Dr. Freeth issued prescriptions to other members of my family, including Patricia Reynolds (mother), Jessica Harner (sister), and Deshawn Gallagher (Ms. Harner’s partner)—none of whom were his patients or had any legitimate physician–patient relationship. Even when medications were not filled or taken, the mere act of prescribing under these circumstances constitutes an egregious breach of professional duty and creates a significant public safety risk.
The Florida Department of Children and Families (DCF) was made aware of these circumstances and confirmed that it was highly inappropriate and a conflict of interest for a physician to prescribe to his estranged spouse, his children, or the estranged spouse’s family members. DCF noted these actions raised serious concerns regarding professional boundary violations and ethical misconduct.
At all relevant times, Dr. Freeth was employed by or held staff privileges at HCA Florida Healthcare and used that affiliation to issue the prescriptions described herein. HCA’s failure to monitor, identify, or correct this repeated prescribing behavior constitutes institutional negligence and a breach of its duty to ensure safe and ethical medical practice.
Description of Injury and Damages
As a direct result of Dr. Freeth’s unauthorized prescribing and ethical violations, I have suffered:
– Severe emotional distress and psychological harm,
– Disruption to ongoing mental-health treatment,
– Damage to personal and familial relationships, and
– Economic losses associated with corrective medical care and reputational harm.
These injuries are ongoing and were reasonably foreseeable consequences of his conduct.
Statutory Notice
This Notice is served in good faith and in full compliance with §§766.106 and 766.1065, Florida Statutes. You are hereby notified to conduct a pre-suit investigation and provide a written response within ninety (90) days of receipt of this Notice, as required by Florida law.
Sincerely,
EVA MARIE FREETH
Nerdy Addict