Firm Results

David Nelson and Vicki Jobling were successful in obtaining a Final Summary Judgment in favor of a hospital in a case involving allegations that the hospital was liable for the alleged negligence of an emergency room physician.

In that case, the plaintiff alleged that when he came to the ER following a sports-related injury to his foot and ankle, the emergency medicine providers negligently failed to diagnose “compartment syndrome” a painful condition that can lead to irreversible muscle and nerve damage. The plaintiff alleged that, as a result of the failure to diagnose “compartment syndrome,” he suffered permanent muscle and nerve damage in his foot, ankle and leg, leading to pain and an inability to not only perform his job as an insurance claims adjuster, but also the loss of promotion possibilities at his place of employment. In his Complaint, the plaintiff alleged that the hospital could be held liable for the negligence of the emergency medicine providers under “non-delegable duty” and “apparent agency” theories. The Judge disagreed and entered a Final Order of Summary on these claims. A copy of that Order and the Order denying the plaintiff’s Motion for Rehearing are attached to this email.

Lou La Cava and David Young obtained a defense verdict for two emergency room physicians and a hospital in a case tried in Hernando County. The Plaintiff alleged that the physicians were negligent for failing to diagnose and treat Group B Strep meningitis in a 17 week old child who was brought to the hospital with symptoms of  a high fever, high  heart rate and spitting up more,  on one visit and the next day with lethargy and vomiting. The child did suffer neurological injuries which resulted in a right hemiparesis as well as severe cognitive deficits. The defense argued that the both physicians met the standard of care and that the unfortunate outcome was the result of the disease process and not negligence. After a two week trial the jury returned a verdict in favor of the physicians and the hospital after deliberating for approximately one hour.

Lou La Cava obtained defense verdicts from two jury panels in a summary jury trial ordered by the court and held in Palm Beach County. In the medical malpractice wrongful death case the plaintiff alleged that a family practice physician and a physician’s assistant were negligent in failing to refer a patient to a cardiologist. The plaintiff argued that failing to make that referral led to the patient dying two days after the office visit as a result of a heart attack. After a one day summary jury trial the first jury panel returned a defense verdict in 12 minutes finding the doctor and the physician’s assistant not negligent. The second jury panel returned a defense verdict in 14 minutes also finding the doctor and the physician’s assistant not negligent.

Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in dismissing the Plaintiff’s complaint in Bove v. Naples HMA, LLC; E.William Akin, M.D., ; and Jay Wang, M.D., — So.3d —-2016 WL 1273260 (Fla. 2d DCA 2016). In its written opinion affirming the Trial Court’s decision, the Second District Court of Appeal held that the Plaintiff’s “complaint was untimely because she did not file it within two years of when she became aware of the possibility that medical negligence occurred.” Agreeing with Mr. Azzarone’s argument, the Second District Court of Appeal opined that the Plaintiff was bound by a statement contained in the notice of intent letter which acknowledged the date the Plaintiff became aware of the alleged malpractice. The Second District Court of Appeal also agreed with Mr. Azzarone’s argument that the Plaintiff failed to timely send the notices of intent to the physicians. In doing so, the Court agreed that the filing of a petition for extension of the limitations period did not revive the statute of limitations after its expiration.

David Nelson and Matt Tucy obtained a directed verdict in favor of Highlands Regional Hospital in a claim involving the emergency room care of the plaintiff who fractured his leg while out hunting. In the Complaint, it was alleged that the hospital had violated s. 395.1041, Fla. Stat., Florida’s “anti-dumping” statute by failing to provide him with appropriate care. After 3 days of a jury trial the Judge granted the hospital’s motion for directed verdict and followed up with a detailed written order explaining his reasoning. The hospital subsequently made a claim for attorney’s fees and costs pursuant to a proposal for settlement that was rejected by the plaintiff early on. The hospital ultimately decided to forego further pursuit of an award for attorney’s fees and costs when it was clear that the plaintiff was judgment proof.