Lou La Cava Obtained a Directed Verdict for a Medical Malpractice Case Tried in Hillsborough County

Lou La Cava obtained a directed verdict for their client in a medical malpractice case tried in Hillsborough County. The Plaintiffs alleged that a neurosurgeon was negligent in treating a brain abscess that the patient developed from a surgery performed by another physician. The patient initially underwent a mastoidectomy to repair a skull base defect and cerebrospinal fluid leak. The patient presented to the hospital four days later with complaints of confusion and aphasia. After several days, the imaging demonstrated the Plaintiff had a brain abscess. The patient was taken back to surgery and the abscess was completely drained. Unfortunately, the patient had a recurrence of the abscess and was taken back to surgery a second time for drainage and removal of all of the cement utilized in the first surgery. The Plaintiff alleged that due to the delay in diagnosis and treatment she developed neurologic deficits including aphasia, headaches, confusion, memory loss  and dizziness. At trial the Plaintiffs were unable to put forth evidence to overcome a motion for directed verdict. The case demonstrates the issues lawyers must deal with under the new Florida Rules of Civil Procedure as it relates to deadlines and the court’s reluctance to grant continuances. Further it is an example of why a plaintiff or defendant has to be prepared for any unexpected occurrences. In this case, due to all of those issues, plaintiffs were unable to put on a case that could survive a motion for directed verdict. A final judgment will be entered and the plaintiff may be responsible for paying attorney’s fees and costs.