Appeals court upholds count against hospital

Appeals court upholds count against hospital for failing to ensure non-employee doctor used its surgical robot safely, causing patient’s death. Many hospitals hire doctors as “independent contractors” rather than ordinary employees, in the hope, it will mean that if the doctor commits malpractice, the hospital cannot be held responsible for it. However, many doctors in Florida have little or no medical malpractice insurance, while hospitals have plenty of insurance. Therefore, it is often in a medical malpractice plaintiff’s best interest if there is a way to show that the hospital should be held responsible for the malpractice of a doctor working...

16 October

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Florida Supreme Court upholds statutory “foreign body presumption of malpractice,” even when additional evidence of negligence exists.

Posted by Malpractice Specialists

in medical malpractice

Normally, a malpractice plaintiff must prove that malpractice occurred, causing their injuries. But Florida has a law which provides that following a surgery if a foreign object is found left in the surgical site (sponges, scalpels, needles, catheters, etc.), that fact alone establishes for the patient that medical malpractice occurred. The burden then shifts to the doctor or hospital defendant to specifically prove they were not negligent. In this case, a patient was still having abdominal pain four months after surgery, and a CT scan found a 4.25-inch piece of drainage tube left inside his abdomen, requiring a second surgery...

Appeals court upholds count against hospital

Florida Supreme Court upholds statutory “foreign body presumption of malpractice,” even when additional evidence of negligence exists.

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