Lou La Cava Obtained a Defense Verdict in a Medical Malpractice Case in Ocala, Florida

On May 9th, Lou La Cava received a defense verdict after a 10 day medical malpractice case tried in Ocala. The plaintiff alleged that 3 separate health care providers in an orthopedic practice failed to inform the Plaintiff of a lesion on his kidney after an MRI of his spine. Two of the providers said they informed the patient even though that conversation was not documented in the medical record. The third provider testified that she did not look at the MRI report so she would not have advised the patient about the kidney lesion. The lesion turned out to be a renal cell carcinoma and was diagnosed and treated 9 months later. The patient went on to develop metastatic disease to his lung. It was plaintiff’s position that the patient was never told about the lesion, that the providers should have given him a copy of the MRI report and they should have also sent the report to the patient’s primary care physician. They alleged the 9 month delay caused the cancer to metastasize. They claimed the patient would have had a 95% chance of survival and now the cancer was incurable. The defense position was that telling the patient met the standard of care and that the providers had a reasonable expectation he would follow up. Further, the third provider did not have an obligation to look at the MRI report during the visits she had with the patient. On causation, the defense argued that unfortunately, due to the biology of the tumor the alleged nine month delay did not change the outcome for the patient. The Plaintiffs’ attorney asked the jury to award 34 million dollars. The Plaintiffs had previously turned down some offers to settle before trial. The jury returned a defense verdict finding none of the providers liable and awarded no money damages.