Lou La Cava and Jim Wetzel obtained a defense verdict for an OB/GYN physician in a two week wrongful death medical malpractice case tried in Tavares, Florida. The Plaintiff alleged the 55 year old patient died as a result of unrecognized blood loss during a supracervical robotic hysterectomy. Plaintiff alleged the physician caused the bleed and then did not take appropriate steps to control it. The defense argued that the physician performed the surgery within the acceptable standard of care and the patient did not die as a result of a bleed but unfortunately suffered a cardiac arrythmia. The patient was survived by her husband and two daughters who had claims as survivors. After hearing all of the evidence, the jury returned a verdict finding the physician was not negligent and negligence was not the legal cause of the patient’s death.
In a related appeal, the Plaintiff challenged the Trial Court’s award of costs. Following oral argument, the Second District Court of Appeal entered a Per Curium Affirmance.