Court Finds Transport Injury Is Not Malpractice

In an ongoing case from Broward County, a Florida appeals court rejected, for now, a negligence defendant’s efforts to treat the plaintiff’s claims as malpractice. The plaintiffs are a husband and wife. The defendants are a medical practice and one of its employees.

The wife, who is 99 years old, suffers from skin cancer. Her primary care physician referred her to the defendant’s clinic for regular radiation treatments. The defendant provided a van to transport the wife from her residence to the clinic.

Typically a clinic employee would take the plaintiff by wheelchair from the lobby of her building to the van, which had an automatic lift. But on the day in question a different employee–whose the plaintiff had apparently never seen before–told the plaintiff to “follow her” on foot rather than take a wheelchair. According to the plaintiff, as she followed the employee to the van, she tripped over a parking bumper and suffered “severe and permanent injuries.”

The plaintiffs sued the defendants, alleging their negligence in transporting the wife–i.e., not providing a wheelchair and failing to warn her about the parking bumper–caused her injuries. The defendants moved to dismiss the lawsuit, claiming this was really a medical malpractice case and the plaintiffs had failed to follow Florida law applicable to such claims. The trial court denied the defendants’ motion, prompting them to file a petition with the Florida Fourth District Court of Appeals.

But the Fourth District also rejected the defendants’ position. While there are cases where injuries sustained while transporting a patient are considered malpractice–e.g., moving a patient from a gurney to an X-ray table at the hospital–the facts alleged by the plaintiffs here “do not support a theory that injury occurred while a medical diagnostic or medical treatment procedure was occurring.” And even if transporting the plaintiff by van was the result of a medical judgment, the Fourth District said the defendants have not established any “professional standards of care” applicable to such situations. Accordingly, the court dismissed the defendants’ petition without prejudice, meaning the clinic could renew its objections to the lawsuit if “a revised complaint or discovery” establishes the plaintiffs “cannot prove their case without establishing a violation of a professional standard of care.”

Speak With a Florida Medical Malpractice Lawyer Today

Malpractice cases are difficult enough to win in Florida. If you are injured due to a medical provider’s ordinary negligence, you should not have your case dismissed due to an improper malpractice classification. If you have been injured due to any interaction with a health care provider and need to consult with a Clearwater medical malpractice attorney about how to proceed, contact the Law Office of Paul B. Genet, P.A., at 727-510-8802.

Source:

scholar.google.com/scholar_case?case=4106765417423427288

Medical malpractice is not always the result of physician negligence. Doctors rely on pharmaceutical companies to provide them with safe and effective drugs to treat their patients. But when a drug maker fails to exercise “ordinary care” and produces a defective or dangerous product, it can lead to a medical mass tort claim against not only the manufacturer, but also the parties responsible for distribution.

Florida Man’s Lawsuit Survives Motion to Dismiss

An ongoing federal lawsuit in Fort Myers demonstrates the type of claims that can arise from an allegedly defective drug. The plaintiff in this case, who is representing himself, went to a cardiac clinic for testing in March 2012. As part of a stress test, clinic personnel administered a drug called Lexiscan, which is designed to increase blood flow and “mimic” the effects of vigorous exercise on the heart.

A few minutes after completing the test, the plaintiff suffered a heart attack. He was taken to a nearby hospital where he again “went into cardiac arrest” and was later admitted to the intensive care unit, where he remained for nearly a week. Consequently, the suffered “permanent heart damage and mental impairment” and incurred several hundred thousand dollars in medical bills.

In November 2013, more than a year after the plaintiff’s incident, the U.S. Food and Drug Administration issued a warning with respect to Lexiscan and a similar drug, Adenoscan, noting there was a “rare but serious risk of heart attack and death.” The FDA ordered the manufacturers of these drugs to change their labels to reflect these risks.

The FDA’s warning came too late for the plaintiff, however, who sued a number of parties connected with Lexiscan. Specifically, the plaintiff alleged that two companies responsible for marketing Lexiscan in the State of Florida failed to provide adequate warnings about the risk of heart attack or death–the same risks acknowledged in the 2013 FDA notice. One defendant allegedly produced videos that instructed physicians on how to prescribe Lexiscan without containing adequate warnings of the risks to patients. The second defendant allegedly distributed Lexiscan to the clinic that administered the drug to the plaintiff, again without warning that a patient might suffer a heart attack or die.

At this stage of the litigation, the trial judge said the plaintiff had alleged “sufficient” facts to proceed with his case and denied the defendants’ motion to dismiss. The judge cautioned, however, that the plaintiff’s claims against the second defendant in particular are “slim.”

Do Not Represent Yourself in Court

As noted above, the plaintiff is representing himself in this case. In general, it is never a good idea to sue someone without the assistance of a qualified attorney. This is especially true when bringing a medical mass tort claim, which not only involves well-financed corporate defendants but complex factual allegations that require expert testimony. If you have been injured due to a physician or drugmaker’s negligence and need help from an experienced Clearwater medical malpractice lawyer, contact the Law Office of Paul B. Genet, P.A., at 727-510-8802, right away.

Resources:

fda.gov/Drugs/DrugSafety/ucm375654.htm

scholar.google.com/scholar_case?case=937808965085212876&hl=en&as_sdt=6,47

Medical malpractice cases generally involve allegations of negligent care against a doctor, hospital, or another medical provider. If the plaintiff can prove there was negligence, he or she is entitled to recover monetary damages. Florida law generally recognizes three categories of damages in personal injury cases: economic, noneconomic, and punitive.

Economic Damages

The most common form of damages are intended to compensate the plaintiff for actual economic losses suffered as a result of the health care provider’s malpractice. These are known as “economic” or “actual” damages. This includes any costs incurred for past and future medical care necessary to correct the negligent doctor’s mistake and any necessary rehabilitation, such as physical therapy or home nursing care.

Economic damages also cover most, but not all, of the plaintiff’s lost wages and earnings while recovering from the health care provider’s negligence. Under Florida law, a successful medical malpractice plaintiff is only entitled to receive “80 percent of wage loss and loss of earning capacity.”

Noneconomic Damages

In contrast to actual or economic damages, noneconomic damages (sometimes called “general damages”) refers to current and future losses that cannot be properly quantified. In other words, there is no way to quantify a plaintiff’s ongoing pain following a malpractice incident, even though it is quite real. Florida law defines noneconomic damages as any award designed to compensate the plaintiff for the following:

• pain and suffering;
• inconvenience;
• physical impairment;
• mental anguish;
• disfigurement; and
• loss of capacity for enjoyment of life.

Florida also caps noneconomic damages. For each malpractice claim, individual medical practitioners (regardless of the number involved) cannot be held liable for more than $500,000 in noneconomic damages. A non-practitioner defendant, such as a corporation that owns a hospital, cannot be liable for more than $750,000 in noneconomic damages.

There are some exceptions to these limits. If the plaintiff dies or is left in a “persistent vegetative state” due to the defendant’s malpractice, the caps on noneconomic damages increase to $1 million and $1.5 million for practitioner and non-practitioner defendants, respectively. A judge may also award noneconomic damages in excess of the caps if there are “special circumstances” that would render the limits unjust.

Punitive Damages

Finally, there are damages that are intended, not to compensate the plaintiff, but to punish outrageous or immoral conduct on the part of the defendant. These are known as “punitive damages.” Most malpractice cases do not involve punitive damages since they arise from negligence rather than intentional acts of violence against the plaintiff. But there may be situations—such as a doctor sexually molesting a patient under anesthesia—where punitive damages may be available. Florida law normally limits punitive damage awards to the lesser of $500,000 or three times the amount of compensatory damages awarded in the same case.

Get Help From a Florida Medical Malpractice Attorney

Damages are a complicated legal issue—one of many that arise in the typical malpractice lawsuit. That is why if you have been injured due to a health care provider’s negligence, you need to work with an experienced Clearwater medical malpractice lawyer who understands Florida’s legal system. Contact the Law Office of Paul B. Genet, P.A., at 727-510-8802 if you would like to speak with an attorney right away.

Resource:

flsenate.gov/laws/statutes/2011/766.118

Many Florida residents turn to alternative medical providers to treat a variety of ailments. Some of these providers are “naturopaths” who purport to combine modern science with traditional healing methods. In recent years a number of doctors have also billed themselves as practitioners of “holistic” or “integrative medicine,” which one advocacy group defines as a form of health care that “focuses on the whole person, is informed by evidence, and makes use of all appropriate therapeutic approaches.” But many critics see naturopathy and integrative medicine as quackery, and patients as victims of medical malpractice.

Doctor Faces Loss of License After Mistreating Cancer as “Toxic Mold”

Earlier this year, an administrative law judge for the Florida Board of Medicine, the state’s regulatory body for doctors, found there was evidence that an integrative medicine specialist in Boca Raton committed malpractice in the death of a Palm Beach County woman. The judge recommended suspension of the doctor’s license and ordered him to repay fees previously paid by the deceased woman to her estate.

The respondent in this case advertised himself as a provider of “holistic” medicine. He is licensed to practice in Florida and claimed a specialist certification from the “American Board of Integrative Medicine.”

The decedent was a 23-year-old woman. She had been diagnosed with Hodgkin’s’ lymphoma, a treatable form of blood cancer. Rather than seek conventional chemotherapy treatment, the decedent refused to accept her cancer diagnosis and instead sought treatment from the respondent, who was recommended to her by a friend.

The respondent told the decedent that cancer was “low on his list” of possible causes for her medical issues. He purported to seek other explanations for her mounting medical problems, at one point telling the decedent she was likely suffering from an allergic reaction to toxic mold. According to court records, the respondent repeatedly downplayed the risk of cancer, and the decedent ultimately stopped seeing her oncologist and instead “stayed under the care of Respondent, who spend the next year and a-half attempting to find the ‘cause’ of [her] symptomatic complaints.”

The decedent passed away in 2013. An autopsy confirmed she “died from complications of untreated Hodgkin’s lymphoma.”

The state medical board judge held the respondent, as the decedent’s primary care physician, had an ethical duty to refer her to an oncologist to treat her lymphoma. Furthermore, when dealing with a patient is in “denial” about their diagnosis, as was the case here, the “the standard of care in Florida requires the [primary care physician] to educate or counsel the patient on the risks, including death, of foregoing potentially life-saving treatment, so that the patient can make a fully-informed decision.” Instead, the respondent here “continuously undermined the recommendations and advice of the oncologists and facilitated [the decedent’s] skepticism toward her diagnosis.” He also “acted in the role of an oncologist,” which he was not qualified to do.

Have You Been a Victim of Medical Quackery?

The respondent in the case above has appealed the administrative law judge’s decision. But if the Board of Medicine upholds the suspension of the doctor’s license—which is unusual for a practitioner with no prior disciplinary record—it could set an important precedent. While patients are ultimately responsible for seeking out care and following the advice of their doctors, that should not excuse a medical provider who preys on scared and vulnerable individuals by presenting them with false medical information.

If you have been the victim of an unscrupulous doctor offering unproven “naturopathic” or “integrative” medical treatments, you should speak to a Clearwater medical malpractice attorney. Contact the Law Office of Paul B. Genet, P.A., at 727-510-8802 if you need immediate legal assistance.

Resources:

aihm.org/about/what-is-integrative-medicine/

health.wusf.usf.edu/post/state-integrative-medicine-doc-left-womans-cancer-untreated#stream/0

Many Florida hospitals have teaching affiliations with medical schools. This means that faculty and residents employed by medical school have staff privileges at the hospital. But the hospital is not necessarily responsible for any acts of medical malpractice committed by such doctors.

Tampa Hospital Off the Hook for Fatal Colon Cancer Surgery

Specifically, Florida law absolves a hospital of malpractice liability if it provides “separate written conspicuous notice” to the patient that he or she is receiving care from the medical school and not the hospital. If such notice is properly given, the medical school and its sponsoring university’s board of trustees are deemed to be solely responsible for any negligence on the part of its doctors.

A Florida appeals court recently addressed the application of this law in a tragic medical malpractice case. The plaintiff is a widower whose wife died during an operation at a Tampa hospital. The wife initially sought care in the hospital’s emergency department, presenting with symptoms of stomach ache and nausea. It turned out to be colon cancer.

More than a week later, two doctors operated to remove the cancer. During the procedure, the victim “sustained a tear to the wall of her inferior vena ceva,” the largest vein in the human body. She subsequently bled out on the operating table.

The two surgeons were employed by the University of South Florida’s medical school. The university had a teaching affiliate agreement with the hospital. The widower sued all of these parties for medical malpractice in the death of his wife.

The hospital moved for summary judgment, which the trial court granted. The widower appealed. In an August 24 opinion, the Florida Second District Court of Appeal affirmed the lower court’s decision.

The Second District noted the plaintiff’s wife “received three separate notices” prior to surgery informing her that the surgeons were affiliated with the university and not the hospital. This was more than sufficient to comply with the requirements of Florida law. Indeed, the decedent signed a form acknowledging that she read and understood these notices.

The widower argued that even if the surgeons were employees of the university, the hospital had a “nondelegable duty to provide nonnegligent surgical care” to his wife. The Second District disagreed. Once again, Florida law expressly allows hospitals to delegate liability in the manner it did. In addition, the court observed the hospital did not assume “any contractual obligations” with respect to the cancer surgery. The court further rejected the widower’s claim that federal Medicare law prevented the hospital from delegating liability: Noting that no other Florida court had ever made such a finding, “We decline the invitation to be the first.”

Get Help From a Florida Medical Malpractice Lawyer

The Second District’s decision only applies to the hospital. It does not absolve the university or its surgeons of any potential medical malpractice liability. But this decision emphasizes how Florida law often restricts the ability of malpractice victims, and their families, to hold all medical providers accountable for their actions. That is why, if you find yourself in this type of situation and need advice from an experienced Clearwater medical malpractice attorney, contact the Law Office of Paul B. Genet, P.A., at 727-510-8802.

Depression and other types of mental illness can have devastating consequences for its victims. Physicians who treat mental illness therefore have a special responsibility to ensure their own actions do not aggravate a patient’s condition. Tragically there are cases where a physician’s medical malpractice has led patients to commit suicide.

Did “Abruptly” Taking Patient Off Antidepressants Kill Her?

The Florida Supreme Court recently addressed such a case. The plaintiff is a widower who also serves as the personal representative for his late wife’s estate. The plaintiff has alleged that malpractice on the part of the defendant, his wife’s former physician, was the proximate cause of her suicide.

The day before the suicide, the deceased contacted the defendant’s office. She had been taking a prescription anti-depressant, but she complained about multiple side effects and had stopped using the drug as a result. After this information was relayed to the defendant, he prescribed a different drug and referred the decedent to a specialist to treat one of the reported side effects.

Sadly, the next day the plaintiff found his wife’s body “hanging in their garage,” according to court records. The plaintiff subsequently sued the defendant, arguing that he “breached the applicable standard of care,” and that this was the “proximate cause” of the decedent’s suicide. The defendant, in response, argued that he had no “legal duty” to prevent the victim’s death.

The trial court agreed with the defendant and dismissed the plaintiff’s case. On appeal, the Florida Second District Court of Appeal reversed and returned the case for trial. The defendant appealed to the Supreme Court, noting the Second District’s interpretation of the law differed from that of the First District Court of Appeal in a previous case.

In a unanimous August 25 opinion, the Supreme Court decided the Second District was right, and therefore the plaintiff could proceed with his medical malpractice claim. The Supreme Court noted the issue here was not whether the defendant had a duty to prevent the suicide of the plaintiff’s wife—there was not, given that she was an outpatient—but rather whether the defendant failed in his professional duty to provide an appropriate standard of care.

According to expert testimony presented by the plaintiff before the trial court, the defendant “knew that patients who stopped taking [the antidepressant initially prescribed to the decedent] abruptly had an increased risk of suicide.” Consequently, the expert testified that the decedent’s decision to stop taking the drug—which was endorsed by the defendant—was a “contributing factor” in her suicide. On this basis, the Supreme Court said the plaintiff had presented a genuine issue of fact for a jury to decide.

Get Help From a Florida Medical Malpractice Lawyer

Losing a loved one to mental illness is never easy. But when such a loss is aggravated by a physician’s failure to provide appropriate medical care, it is important to hold such negligence accountable. If you or a family member have been injured due to negligence and need to speak with an experienced Clearwater medical malpractice attorney, contact the Law Office of Paul B. Genet, P.A., today at 727-510-8802.

Dispute Over Expert’s Qualifications Leads to $6,700 Penalty

Not only can Florida’s affidavit requirement deny a plaintiff his or her constitutional right to access the courts; a victim may also be forced to pay the defendant’s legal fees and costs. A recent decision by a state appeals court in Miami illustrates how harsh and unforgiving the law can be on this point.

This particular case has been pending before the Florida courts for nearly eight years. In 2007, the victim died of a bacterial infection. The victim’s estate and heirs filed a medical malpractice lawsuit against her doctor. The plaintiffs served notice of their intent as required by Florida law, which included an expert affidavit.

The defendant challenged the expert’s qualifications. Specifically, the defendant noted that he was a “board certified family physician” while the plaintiff’s expert was a “board certified emergency physician.” Florida’s medical malpractice law requires the plaintiff present an affidavit from “a health care provider trained in the same or similar specialty as the prospective defendant.” In 2014, the Florida Third District Court of Appeal sided with the defendant, affirming a lower court’s determination that the plaintiff’s expert was “unqualified to act as an expert witness” in this case. Accordingly, the appeals court said there was no choice but to dismiss the plaintiffs’ lawsuit.

But that was not the end of the matter. The defendant then demanded the victim’s attorney pay his legal fees. In a second opinion issued on July 6 of this year, the Third Circuit agreed and ordered the attorney to pay approximately $6,700 “in fees and costs the defense was forced to incur in responding to the plaintiff’s deficient notice of intent.”

The Third District explained Florida law holds that a plaintiff or attorney who fails to “comply with the reasonable investigation requirements” can be held personally liable for a defendant’s legal costs. Here, the Third District said, “A party’s failure to provide a corroborating affidavit from a qualified medical expert constitutes prima facie evidence of lack of a reasonable basis to bring suit.”

Do You Need to Speak With a Florida Medical Malpractice Lawyer?

Cases like this emphasize the difficulty medical malpractice victims face in seeking justice. Even in the best of circumstances a case make take several years—and multiple appeals—before a victim sees any compensation. That is why if you or a family member have been seriously injured due to a health care provider’s negligence, it is essential you seek advice and assistance from an experienced Clearwater medical malpractice attorney. Contact the Law Office of Paul B. Genet, P.A., at 727-510-8802 if you need to speak with an attorney right away.

Defamation Lawsuit Threatens to Chill Reporting to Federal Malpractice Database

Even if the public cannot view a physician’s malpractice record on NPDB, hospitals can, and they can use the service to avoid hiring doctors who are more likely to injure patients through negligence or malpractice. Unfortunately, some physicians are trying to eliminate even this use of the NPDB by filing defamation lawsuits against hospitals that attempt to report them. And the Florida Supreme Court may soon weigh in on this issue.

Specifically, an intermediate appeals court in Daytona Beach has asked the state’s highest court to determine how long a doctor has to file a defamation claim against a hospital. The case involves a cardiologist who worked at a hospital in Apopka. In 2007, the hospital’s executive committee suspended the cardiologist’s clinical privileges after issuing “22 factual findings” related to the doctor’s practice of medicine.

As required by federal law, the hospital reported its adverse action to the NPDB. In 2014, the cardiologist sued the hospital, alleging this report “contained false and defamatory material.” As a result of the NPDB report, the cardiologist said he has suffered a “loss of employment opportunities.”

The Florida courts have yet to reach the merits of the doctor’s defamation allegations. There is the initial legal question of whether or not the cardiologist waited too long to file his lawsuit. Under Florida law, an action for “libel and slander,” which includes the cardiologist’s defamation claim here, must be brought within two years of “publication.” So, for example, if a newspaper publishes a defamatory article about you on January 1, 2015, you have until January 1, 2017, to file a libel lawsuit.

But the Florida Supreme Court has also said that “each communication of the same defamatory matter by the same defamer…is a separate and distinct publication.” This means that a separate libel claim arises each time the allegedly defamatory material is published. However, there is a further exception in Florida statutes, which provides that the statute of limitations for a defamation claim “founded upon a single publication” begins at the time of “first publication.”

In this case, the cardiologist brought his lawsuit more than two years after the “first publication” of the hospital’s report to the NPDB. To get around this, the doctor argued there was a new occurrence of defamation each time the NPDB report was “published” to a new organization requesting access. Therefore the two-year statute of limitations should reset each time.

The Florida Fifth District Court of Appeal disagreed. In a June 27 opinion, it held the first publication rule should apply, meaning the statute of limitations “begins to run when a report is issued to the NPDB; any subsequent issuance of that report to legally authorized entities does not accrue a limitations period.” But the Fifth District also acknowledged that since no other Florida court has directly addressed this issue, it has asked the Supreme Court to make a final determination.

Need Help From a Florida Medical Malpractice Lawyer?

If the Supreme Court ends up ruling in favor of the doctor, it could have a chilling effect on hospitals, as they may be reluctant to discipline and report negligent physicians in the future due to fear of litigation. This ongoing legal battle emphasizes the importance of holding doctors accountable through the medical malpractice system. If you or a family member have suffered due to a physician’s negligence, it is imperative you speak with a qualified Clearwater medical malpractice attorney as soon as possible. Contact the Law Office of Paul B. Genet, at 727-510-8802 if you need immediate legal assistance.

More than 250,000 Deaths Every Year Due to Medical Malpractice

The study, authored by Martin A. Makary and Michael Daniel of Johns Hopkins University in Baltimore and published in The BMJ, estimated that more than 250,000 patient deaths in 2013 were caused by medical error. Only heart disease (611,000) and cancer (585,000) caused more deaths in that same period. The study further noted that medical error claimed almost twice as many victims as lung disease, and nearly eight times as many lives as either car accidents or firearms.

Medical error is not reported as a separate cause of death in official lists prepared by government agencies like the U.S. Centers for Disease Control & Prevention. That is because, the authors explained, these lists are based on death certificates prepared by medical providers or coroners. And “human and system factors,” such as medical malpractice, are generally not reported as official causes of death.

For example, the study cited the case of a “young woman” who had a “successful transplant operation.” After returning to the hospital with “non-specific complaints,” doctors performed a battery of tests, “some of which were unnecessary” according to the authors. During one of these unnecessary tests, a surgeon accidentally punctured the patient’s liver with a needle. The liver subsequently ruptured and the patient died. Despite the fact the woman clearly died due to medical error, her death certificate “listed the cause of death as cardiovascular.”

Altogether, the authors relied on statistical analysis to calculate a “mean rate of death from medical error of 251,454” for patients admitted to U.S. hospitals in 2013. The authors acknowledged that “the assumptions made in extrapolating study data…may limit the accuracy of our figure,” but this only “highlights the need for systematic measurement of the problem.”

Speak With a Florida Medical Malpractice Lawyer Today

“Human error is inevitable,” according to the authors of the Johns Hopkins study. But even if not all medical error is preventable, that does not mean victims and their families should be denied justice in seeking to hold physicians and hospitals accountable for their negligence. There are many potential sources of medical error—an unreasonable delay in providing treatment, misdiagnosis, surgical mistakes, etc.—and in too many cases, providers are reluctant to take responsibility.

That is why if you or a loved one has been injured due to physician negligence, you should speak with a qualified Clearwater medical malpractice lawyer as soon as possible. A medical malpractice attorney can help you in dealing with medical providers—and their insurance companies—to help ensure you receive proper compensation. Contact the Law Office of Paul B. Genet at 727-510-8802 if you need to speak with an attorney right away.

Hospital Liable for Forcibly Drugging Pregnant Woman

In February 1997, a pregnant woman returning to the United States from Jamaica was detained at Fort Lauderdale International Airport. U.S. Customs officials falsely believed the woman was concealing illegal narcotics on her person. According to court records, the officials made this determination based solely on the fact the woman “exhibited signs of nervousness.”

After a search of her belongings and a pat-down failed to uncover any drugs, Customs officials handcuffed the woman and took her to a nearby hospital where she was forced to undergo an invasive physical examination. Doctors administered a laxative which forced the woman to undergo several bowel movements. Once again, no drugs were found, and the woman was ultimately released from custody.

Unfortunately, the woman suffered a number of medical complications following her ordeal and ended up delivering her child nearly three months prematurely. The woman subsequently sued a number of parties, including the doctors who administered her the laxative. As it turned out, the laxative “had not been tested on pregnant women and was not recommended for their use except when medically necessary,” according to testimony presented at trial.

In June 2014, more than 17 years after the incident, a Miami-Dade jury awarded the woman $128,700 in damages against the hospital. This was actually the the third time the case was presented to a jury. There were two previous mistrials. The first mistrial came after one of the defendants, a doctor at the hospital, was found to have engaged in multiple conversations with trial witnesses outside of the courtroom but within hearing distance of some jurors. The trial judge not only declared a mistrial but imposed sanctions on the doctor for his misconduct. (The doctor was subsequently dismissed from the underlying medical malpractice lawsuit during the third and final trial.)

In April 2016, the Florida Third District Court of Appeal affirmed the trial judge’s decision to sanction the doctor. The appeals court noted that the doctor’s “misconduct was willful, deliberate, and intentional and constituted a violation of the trial court’s instruction not to discuss trial matters with any witness or party.” Accordingly, the doctor was ordered to compensate the victim for the attorney’s fees she incurred in preparing for the first trial.

Have You Been a Victim of Medical Malpractice?

This terrible case illustrates why it is essential to work with an experienced Clearwater medical malpractice attorney. You need someone on your side who understands the court system and is prepared to stand up for your rights when a defendant tries to break the rules. Contact the Law Office of Paul B. Genet, P.A., if you have been injured due to medical negligence and require immediate legal assistance.