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