Florida Court Reverses Trial Judge’s Award for Medical Malpractice Damages

Florida’s 4th DCA has reversed a trial judge who awarded damages in a medical malpractice case. The case is against Holy Cross Hospital, among others. The plaintiff accuses the hospital and doctors of not ordering a scan on a woman fast enough which according to the suit resulted in the woman’s death.

The hospital and other defendants did not call any expert to the stand to rebut what the plaintiff’s expert said, that the delay fell below the standard of care and caused the woman’s death. Despite the lack of defense expert the jury awarded zero to the surviving husband. The judge granted the plaintiff’s motion for a judgment notwithstanding the jury’s verdict (JNOV) and awarded just over $1M (which is minimal for a death).

‌The appellate court took away that award. The stated reasoning is that the trial court acted as a seventh juror. (In civil cases in Florida, usually there are only 6 jurors).

The case was Carrasquillo v. Metzler, Case No. CACE19-022758, January 2, 2024.

‌Of course, the same reasoning should apply when corporations and insurance companies complain that a verdict amount is too high and asks the trial judge or the appellate court to cut it down or take it away.

If you were a victim of medical malpractice, you want a specialist on your side

Medical malpractice cases are very complex. Many lawyers don’t take them. We do. We take the most complex medical negligence and malpractice cases there are. Hickey Law Firm represents clients in Miami and throughout Florida in claims involving

• Medical malpractice on cruise ships
• Diagnostic errors
• Improper treatment
• Failure to warn of risks
• Surgical errors including:
  • Anesthesia errors
  • Amputation of the wrong limb
  • Unnecessary damage to surrounding tissue, ligaments, and nerves
  • Infections
  • Surgical instruments left in patients
  • Failure to competently respond to emergencies
  • Failure to monitor the patient during and after surgery
• Prescription errors and pharmacy errors, including:
  • Inadequate training
  • Lack of prescription review, resulting in mistakes
  • Pharmacy rushing to complete orders and making mistakes
  • Failure to establish and maintain an appropriate “continuous quality improvement program” as required by Florida Administrative Code 64B16-27.300
  • Failure to call the physician to clarify the amount of the dosage of the prescription
  • Failure to counsel the patient or the patient’s agent about the dosage in violation of Florida Administrative Code 64B16-27.820
  • Failure to interpret and assess the prescription order for potential adverse reactions, interactions, and dosage regimen
• Birth injuries
• Nursing home abuse and neglect

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If you have recently experienced an injury, you need a specialist. You need Hickey Law Firm. Our award-winning founder John H. (Jack) Hickey is board-certified by the Florida Bar as a specialist in Civil Trial and Admiralty & Maritime Law. He is also certified by the National Board of Trial Advocacy (NBTA) in Civil Trial. Mr. Hickey is well known throughout Florida and the country and offers education opportunities to other attorneys in the area who are interested in learning more about the intricacies of the law. He is also recognized by Best Lawyers of America for his work in Medical Malpractice – Plaintiffs, Admiralty and Maritime Law, and Personal Injury Litigation – Plaintiffs.

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