Rodriguez v. Nicolitz, M.D. – (1st DCA)
In this medical malpractice case, the Rodriguez Court held that the Trial Court properly dismissed an action against an ophthalmologist upon finding that the Affidavit of the Plaintiff’s expert, an infectious disease specialist, was inadequate to satisfy pre-suit notice requirements. The Rodriguez Court specifically found that the expert did not practice in the same specialty as the Defendant.
La Cava and Jacobson sponsored a table for friends, clients and lawyers at the Philanthropic Women of St Joseph’s luncheon which featured guest speaker Jenna Bush Hager. Jenna Bush Hager is the daughter of former president George Bush and author of Sisters First, a book about growing up in the White House. April La Cava participates as a leader with the Philanthropic Women organization. Philanthropic Women of St. Joseph’s is a leadership network of community-minded women who want to change and save lives in the Tampa Bay community by investing in collaboration with other women leaders. Gifts of Philanthropic Women support women, children and families at St. Joseph’s Hospitals. La Cava and Jacobson is pleased to sponsor events for this very important charitable organization.
Left to Right: April La Cava, Kahty Redmon and Tashia Diaz
Left to Right: Rebecca Pehlke, Barbara Chapman, Donna Jordan, Iva Valtcheva and Stephanie Hlad
Lou La Cava and Barbara Chapman obtained a defense verdict in a case filed against an ophthalmologist in Pinellas County. The Plaintiff saw the defendant, a retinal specialist, due to retinal tears and retinal detachments. He received laser treatments as well as vitrectomies and a scleral buckle procedure. The Plaintiff alleged that due to an improperly performed fluid-gas exchange performed in the doctor’s office the patient developed increased intraocular pressure causing loss of blood supply to the optic nerve. The Plaintiff went on to have a total loss of vision and eventually had to have his eye enucleated. Although there were some documentation issues, the defense argued that the care and treatment provided was well within the standard of care. The defense also successfully argued that the plaintiff failed to prove causation because they were unable to demonstrate that the patient’s eye pain after the procedure was due to increased intraocular pressure. The plaintiff attorney asked the jury to award between four and nine million dollars. After a one week trial the jury returned a verdict finding in favor of the ophthalmologist.
Kari K. Jacobson has been certified by the Supreme Court of Florida as a Circuit Civil Mediator.
Rodriguez v. City of South Miami – (3rd DCA)
In this case, utilizing its Certiorari jurisdiction, the Rodriguez Court, reversed a Trial Court Order compelling the Plaintiff to sign a document authorizing the release of his mental health records to the Defendant. The Rodriguez Court held that the records were protected by the psychotherapist-patient privilege and the City failed to show that the Plaintiff placed his mental health status at issue. In its opinion, the Rodriguez Court looked to Florida Statute § 90.503(2) which establishes the privilege. The City’s argument with respect to entitlement was that the Plaintiff had filed a Motion to Dissolve a Temporary Restraining Order and in paperwork the Plaintiff noted that he was stable and taking his medication. The Rodriguez Court found that this statement alone did not permit the waiver of the privilege.
Domino’s Pizza v. Wiederhold – (5th DCA)
In this wrongful death case, the Court held that a statutory survivor and specifically, a surviving spouse, in order to be qualified to bring the suit and to receive benefits pursuant to Florida law, needed to be married to the decedent at the time of his death and not at the time of the injury.
Lamb v. State – (4th DCA)
In this case, the Lamb Court addressed whether a Facebook live video was admissible in the criminal context as evidence of guilt. The Court went through a detailed analysis with respect to how the video was obtained by the police, as well as presented at trial. Specifically, the State introduced the testimony of a police digital forensic examiner to authenticate the video. As part of this process, the witness authenticated the video by its distinctive characteristics.
The Lamb Court held that the Trial Court properly authenticated and allowed the video to be presented to the jury. The Lamb Court recognized that authentication is a very low threshold which was met by the witness visiting the Facebook page and downloading the live video.
Florida Sheriffs Youth Ranches President Bill Frye and FSYR Board Chair Nassau County Sheriff Bill Leeper present Kari K. Jacobson with Lifetime Honorary Membership in the Florida Sheriffs Association due to her generosity and commitment to the Florida Sheriffs Youth Ranches.
La Cava Jacobson handles litigation and appeals in all Florida state and federal courts.