terry's takes

Filtered by category: medical malpractice

March 25, 2024

2nd dca, medical malpractice

Barber v. Manatee Mem'l Hosp.

Plaintiff walked to the hospital gurney when he was transported to the hospital, but he lost consciousness at the hospitals for over two days. When he awoke, both his hips were fractured, and no one explained why. He sued for medical negligence, but the trial court granted the hospital’s motion for summary judgment, citing the lack of evidence of what exactly caused the fractures. The Second DCA reversed, finding that Plaintiff could rely on the doctrine of “res ipsa loquitur,” which entitles him to a jury instruction presuming negligence where he demonstrated that the hips were not fractured as part of his treatment, where such fractures do not ordinarily occur to sedated and restrained unconscious patients absent negligence by a caregiver, where negligence was the probable cause of the injury, where Defendant was the probable actor, and where the instrumentality of injury was in Defendant’s control. The court also erred in excluding evidence of the hospital’s lack of investigation, as that was relevant to showing that there was no care-related cause of the accident.

March 15, 2024

georgia court of appeals, medical malpractice, summary judgement standard

Ferguson v. Kennestone Hospital, Inc.

A widow and personal representative for her husband’s estate apparently handled a lawsuit pro se and sued a hospital under several theories for treatment that she alleges killed him. Due to (avoidable) errors in pleading and litigating the case, almost all of her claims were dismissed or she lost at summary judgment. The claim of civil battery, however, survived where she alleged in a verified complaint (which is evidence) that her husband’s signature on a consent to surgery form was forged.

March 14, 2024

4th dca, arbitration, medical malpractice

Palacios v. Lawson

Where an arbitration agreement contracted around Florida’s medical malpractice act rather than incorporating parts of the arbitration statutes under Chapter 766, it was not void under public policy. It was enforceable, and the trial court erred in holding otherwise.

March 10, 2024

5th dca, medical malpractice

Wilson v. Fla. Birth-Related Neurological Inj. Comp. Ass'n

Under Florida law, birth-related neurological injury claims must be filed through the Florida Birth-Related Neurological Injury Compensation Plan (NICA) instead of going to court, unless clear evidence shows 'bad faith' or 'willful disregard' by the provider. In a recent case, NICA denied a claim, concluding that the child’s oxygen deprivation did not lead to a brain injury causing permanent impairment. An Administrative Law Judge agreed, finding NICA’s expert testimony more credible than the plaintiff's. The DCA upheld this decision, noting it cannot re-evaluate the evidence, thereby affirming the dismissal of the claim.

April 5, 2023

4th dca, amendment of pleadings, medical malpractice, punitive damages

Marder v. Mueller

Roberta Mueller sued Dr. Marder for medical malpractice, claiming he gave her aggressive radiation treatments for a skin lesion, allegedly for financial gain. She sought punitive damages, arguing the treatments were unnecessary and dangerous, and cited Dr. Marder’s past Medicare fraud charges. Although the trial court allowed the punitive damages claim, the DCA overturned it, finding insufficient evidence that Dr. Marder knowingly acted with disregard for her safety or was motivated by profit in her specific case.

March 29, 2023

3rd dca, medical malpractice, statute of limitations florida, summary judgement standard

Reyes v. Baptist Health South Florida Foundation, Inc.

this is a huge win for plaintiffs regarding accrual of the statute of limitations for medical malpractice cases. in 2005, a child was born with a neurological injury that the parents allege were caused by the medical malpractice of baptist.

February 11, 2023

2nd dca, medical malpractice, motion to dismiss, petition for certiorari, writ of certiorari

Halsey v. Hoffman

ms. hoffman sued dr. halsey and two medical businesses for defamation per se, slander per se, and negligent and intentional infliction of emotional distress. hoffman alleged that dr. halsey, an asthma, allergy, and immunology specialist, falsely and mal...