Jason Azzarone was successful in arguing to the Second District Court of Appeal

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the trial court did not err in granting a motion to compel arbitration in a medical malpractice lawsuit in Santiago v. Baker, — So.3d —-, 2014 WL 1396594 (Fla. 2d DCA 2014). On appeal, the Appellants argued that the arbitration agreement before the Court violated Florida’s Medical Malpractice Act, Chapter 766, Fla. Stat. (2011). Specifically, Appellants argued that the agreement violated Florida’s public policy and, based on the Florida Supreme Court’s decision in Franks v. Bowers, 116 So.3d 1240 (Fla.2013), the Medical Malpractice Act required the resolution of all malpractice claims through statutory voluntary binding arbitration or trial. Mr. Azzarone argued that the Florida Supreme Court, in its decision, did not negate the ability of parties to enter into arbitration agreements in medical malpractice cases, provided that the rights afforded to the parties in the Medical Malpractice Act were not negated by the terms of the arbitration agreement. As none of the rights afforded to the Appellants in the Medical Malpractice Act were negated by the arbitration agreement before the Court, Mr. Azzarone argued that the trial court’s order should be affirmed. The Second District Court of Appeal agreed, holding that the arbitration agreement was not void as against public policy. The Court also opined that nothing in the Florida Supreme Court’s opinion precluded private binding arbitration agreements under Florida’s Medical Malpractice Act.

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Lou La Cava obtained a dismissal for a radiologist in a medical malpractice case

Lou La Cava obtained a dismissal of his client in a medical malpractice case filed in Hillsborough County. The Plaintiff alleged that the defendant radiologist was negligent in failing to identify on CT scan that a mass in the tail of the pancreas had enlarged from a mass in the same area on a previous CT scan. The plaintiff alleged that had enlargement of the mass been reported pancreatic cancer would have been diagnosed and treated resulting in an extended life expectancy. Another radiologist who was sued for not identifying a pancreatic mass on CT settled his case with the Plaintiff. Mr. La Cava’s client was dismissed from the case without paying any money in settlement.

Lou La Cava and Dan Schuman obtained a defense verdict for gastroenterologist in Pinellas County

Lou La Cava and Dan Schuman obtained a defense verdict in a case tried in Pinellas County. The Plaintiff alleged that the defendant gastroenterologist was negligent in performing an unnecessary colonoscopy 6 weeks after a prior colonoscopy. She alleged that the suspicious lesion seen on the colonoscopy was nothing more than a Lipoma (a benign mass) that had been identified on two previous colonoscopies. The plaintiff suffered a perforation during the last colonoscopy and required a right Hemicolectomy. After that surgery the plaintiff complained of fecal incontinence, fecal urgency and uncontrolled diarrhea. The defense argued the colonoscopy was indicated due to the patient’s family history of polyps and colon cancer. It was also argued that the perforation was a known risk of the colonoscopy and occurred without negligence. After a 5 day jury trial a verdict was returned finding the physician not negligent.

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Lou La Cava and Jim Wetzel obtained a dismissal in a medical malpractice case

Lou La Cava and Jim Wetzel obtained a dismissal in a medical malpractice case that went to trial in Hillsborough County. The Plaintiff alleged that the defendant orthopedic was negligent in repairing a comminuted olecranon fracture of the elbow using K wires and figure of 8 wire rather than a plate and screws. The reduction did not hold and the Plaintiff, who was a physician, had to undergo a second surgery where a plate and screw was used to stabilize the fracture. The plaintiff developed an infection and underwent 20 surgeries over a period of 7 years. He claimed he could not practice medicine and was disabled. The defense position was that the surgical approach utilized was an appropriate technique and that the infection at the time of the second surgery was not caused by negligence. The case went to trial and after the first day of trial the Plaintiff dropped the case without any payment and filed a notice of voluntary dismissal with prejudice.

Lou La Cava and Barbara Chapman obtained a defense verdict for their client in Pasco County

Lou La Cava and Barbara Chapman obtained a defense verdict for their client in a case tried in Pasco County. The Plaintiff alleged the surgeon was negligent during the performance of a laparoscopic cholecystectomy causing injury to the common bile duct requiring the Plaintiff to have to undergo a major surgical repair surgery. After a one week trial the jury returned a verdict finding the surgeon was not negligent.

Lou La Cava and Justine Adamski obtained a defense verdict for neurosurgeon

Lou La Cava and Justine Adamski obtained a defense verdict in a case tried in Manatee County. The Plaintiff alleged the defendant neurosurgeon was negligent in utilizing the wrong surgical approach to decompress the thoracic spine in a patient who had multilevel disc disease and bone osteophytes. The defense position was that the approach used was reasonable and appropriate given all of the patient’s presenting symptoms and radiographic findings. After an 8 day trial the jury returned a verdict finding the defendant was not negligent.

Kari Jacobson and Jonathan Ficarrotta obtained a defense verdict in a premises liability case

Kari Jacobson and Jonathan Ficarrotta obtained a defense verdict in a premises liability case tried in Hillsborough County. The Plaintiff alleged that the Defendant, a construction company, was negligent in failing to maintain its premises in a safe condition resulting in Plaintiff falling three stories down an empty elevator shaft. The jury found the Plaintiff to be a trespasser and that Defendant breached no duty to Plaintiff.

Lou La Cava and Justine Adamski obtained a medical malpractice defense verdict for OB/GYN

Lou La Cava and Justine Adamski obtained a defense verdict in a medical malpractice case tried in Hillsborough County. The Plaintiff alleged that the defendant OB/GYN was negligent in performing a laparoscopic uterine fibroid removal. The Plaintiff alleged that during the removal of the fibroid or while performing a lysis of adhesions the defendant burned the Plaintiff’s bowel with a harmonic scalpel or a bi-polar cautery device. The injury was not recognized intra-operatively. Two days later the Plaintiff developed severe peritonitis and had emergency surgery followed by numerous hospitalizations and IV antibiotic treatment. Plaintiff also alleged that scar tissue that developed after the complication limited her ability to have children. After a 7 day jury trial a verdict was returned finding the physician defendant not negligent.

Lou La Cava and David Young obtained a defense verdict in Hillsborough County medical malpractice case

Lou La Cava and David Young obtained a defense verdict in a medical malpractice case tried in Hillsborough County. The Plaintiff alleged that the Defendant, emergency room physician, was negligent for failing to have a patient who suffered a TIA admitted to the hospital. Plaintiff also alleged that it was negligent to prescribe Clonidine to the patient to control his blood pressure arguing a theory of auto-regulation and permissive hypertension. Plaintiff argued that giving the blood pressure medication and not admitting the patient resulted in him developing a stroke the next morning. Plaintiff sought damages for both motor and cognitive deficits. After a seven day jury trial, a verdict was returned finding the defendant doctor was not negligent.

Lou La Cava and Barbara Chapman obtained a defense verdict in a medical malpractice

Lou La Cava and Barbara Chapman obtained a defense verdict in a medical malpractice jury trial in Hillsborough County. The Estate sued a general surgeon who performed a laparoscopic appendectomy on a 14 year old. The patient passed away about 13 hours after surgery from an internal bleed. The Plaintiff alleged the surgical time of 15 minutes was too quick to assure hemostasis. Plaintiff also alleged the defendant failed to appropriately follow the patient postoperatively. After a week long trial the jury returned a verdict finding the defendant was not negligence and that negligence did not cause the patient’s death.