Successful defense of Florida medical malpractice action in the trial court and on appeal.
We prevailed on an appeal to the 5th District Court of Appeal in a medical malpractice action filed against a hospital and three of its trauma/critical care physicians. It was alleged that the patient was over-medicated with narcotics during her 64-day hospital stay, resulting in acute respiratory failure and other complications, which caused her death. The plaintiff’s sole expert on liability and causation was a retired internal medicine physician. On the eve of trial, the trial court granted summary judgment in favor of the defendants, finding that the plaintiff’s expert lacked the requisite qualifications under Florida law to render opinions against the hospital and its three specialist physicians. The Fifth District affirmed the final judgment without an opinion and granted the defendants’ motion for appellate attorney’s fees.