Jon Lynn obtained a defense verdict for a dentist after a week-long trial in Miami. The dentist had been sued by a former patient who developed a life-threatening infection after the dentist had extracted four of her teeth to treat her chronic advanced periodontitis. The patient had to be hospitalized for almost a month, most of which she spent in the ICU on a ventilator. Her medical bills totaled almost $300,000. The Plaintiff claimed that the dentist misdiagnosed an obvious osteomyelitis of the mandible which resulted in the lengthy hospitalization. The defense argued that the infection represented a progression of the patient’s periodontal disease which occurred despite appropriate care by the dentist. The jury ultimately concluded that the dentist was not negligent and was not liable for the patient’s injury and damage.
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.