TORTS: MEDICAL MALPRACTICE: PRESUIT SCREENING REQUIREMENTS; CIVIL PROCEDURE: DISCOVERY: QUALIFICATIONS OF PRESUIT AFFIANT; APPEALS: CERTIORARI: IRREPARABLE HARM: DENIAL OF DISCOVERY CONCERNING QUALIFICATIONS OF PRESUIT AFFIANT DID NOT RESULT IN IRREPARABLE HARM BECAUSE PHYSICIAN COULD FILE A PETITION FOR CERTIORARI IF TRIAL COURT DENIED HIS MOTION TO DISMISS BASED UPON FAILURE TO COMPLY WITH PRESUIT REQUIREMENTS

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Plantz v. John, ___ So. 3d ___, 40 Fla. L. Weekly D673 (Fla. 2d DCA March 18, 2015)

When the trial court in a medical malpractice case denied the defendant’s motion to compel discovery of the presuit affiant’s qualifications, the appellate court denied his petition for certiorari based on lack of jurisdiction. The defendant’s motion to dismiss based upon the … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: PRESUIT SCREEN REQUIREMENTS: ALTHOUGH CORROBORATING MEDICAL AFFIDAVIT LACKED DETAIL, TRIAL COURT DID NOT DEPART FROM ESSENTIAL REQUIREMENTS OF LAW BY DENYING DEFENDANT’S MOTION TO DISMISS THE COUNTS OF COMPLAINT THAT THE AFFIDAVIT ADDRESSED, BUT TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW BY NOT DISMISSING COUNT AFFIDAVIT FAILED TO ADDRESS; APPEALS: CERTIORARI

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University of South Florida Board of Trustees v. Mann, ___ So. 3d ___, 40 Fla. L. Weekly D563 (Fla. 2d DCA March 4, 2015)

Although it found that the plaintiff’s corroborating medical affidavit in a medical malpractice case “could [have been] more detailed, [the appellate court could not] conclude that the trial court departed from the essential requirements of law … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: JURY INSTRUCTIONS: RETAINED FOREIGN BODY INSTRUCTION WAS UNNECESSARY AND WAS NOT SUPPORTED BY THE FACTS BECAUSE THE PLAINTIFF WAS CONSCIOUS AND HIS WIFE WAS IN THE ROOM WHEN A NURSE FAILED TO REMOVE THE ENTIRE DRAINAGE TUBE FROM HIS SURGICAL INCISSION; APPEALS: PRESERVATION: WAIVER: COURT DECLINES TO CONSIDER WHETHER INSTRUCTION WOULD HAVE BEEN APPROPRIATE WITH RESPECT TO ONE OF THE PLAINTIFF’S TWO CLAIMS BECAUSE THE PARTIES FAILED TO COMPLY WITH THE TRIAL COURT’S REQUEST TO SUBMIT PROPOSED INSTRUCTIONS DIFFERENTIATING BETWEEN THE CLAIMS

Case Decision Date: Reviewed by

Dockswell v. Bethesda Memorial Hospital, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D480 (Fla. 4th DCA February 18, 2015)

The day after surgery, a nurse failed to remove the entire drainage tube from the plaintiff’s incision. The error was discovered four months later and was corrected by a second surgery. The plaintiff contended that the nurse was … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: BIRTH RELATED NEUROLOGICAL INJURY COMPENSATION ACT (NICA): AT HOSPITALS WITH PARTICIPATING PHYSICIANS AND THE PARTICIPATING PHYSICIANS BOTH MUST PROVIDE THE NOTICE REQUIRED BY NICA: THE FAILURE TO PROVIDE NOTICE WAIVES NICA IMMUNITY: THE EMPLOYER OF A PARTICIPATING PHYSICIAN IS ENTITLED TO NICA IMMUNITY FOR DIRECT LIABILITY EVEN IF THE EMPLOYEE FAILED TO PROVIDE THE NOTICE REQUIRED BY NICA: THE EMPLOYER OF A PARTICIPATING PHYSICIAN IS NOT ENTITLED TO NICA IMMUNITY FOR THE VICARIOUS LIABILITY OF AN EMPLOYEE THAT FAILED TO PROVIDE THE NOTICE REQUIRED BY NICA; APPEALS: CERTIORARI: THE DENIAL OF SUMMARY JUDGMENT BASED UPON NICA IMMUNITY IS REVIEWABLE BY CERTIORARI BECAUSE NICA PROVIDES IMMUNITY FROM SUIT RATHER THAN MERE IMMUNITY FROM LIABILITY

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University of Miami v. Ruiz, ___ So. 3d ___, 40 Fla. L. Weekly D416 (Fla. 3d DCA February 11, 2015)

The plaintiffs’ son sustained a serious brain injury because of oxygen deprivation during delivery in the hospital because of the negligence of two doctors employed by the university. Both the hospital and the doctors participated in the Florida Birth Related … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: STATUTE OF LIMITATIONS: PRESUIT SCREENING: NOTICE OF INTENT: NINETY DAY TOLLING PERIOD: NINETY DAY TOLLING PERIOD AFTER SERVICE OF NOTICE OF INTENT ON ONE POTENTIAL DEFENDANT TOLLS THE STATUTE OF LIMITATIONS AS TO ALL POTENTIAL DEFENDANTS: “PROSPECTIVE DEFENDANT” UNDER THE NOTICE OF INTENT STATUTE AND “POTENTIAL DEFENDANT” UNDER THE TOLLING STATUTE ARE SYNONYMOUS TERMS: MEDICAL MALPRACTICE PRESUIT STATUTES SHOULD BE LIBERALLY CONSTRUED TO AVOID DENYING ACCESS TO THE COURTS

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Salazar v. Coello, ___ So. 3d ___, 40 Fla. L. Weekly D7 (Fla. 3d DCA December 17, 2014)

The plaintiff developed a severe brachial plexus injury after surgery. As a result, she served a notice of intent to file a medical malpractice case upon the surgeon and the hospital. Later, she served a notice of intent upon the anesthesiologist, a … Click To Read Full Case Law Review...