West Palm Beach Wrongful Death Attorney
In a recently decided wrongful death case, the plaintiff appealed from a judgment entered in favor of one of the Tenent hospitals. The Florida Court of Appeal affirmed the trial court’s ruling because there was no substantial and competent evidence that the doctor’s malpractice caused the death of the plaintiff’s wife. In this case, the husband’s wife died due to blood loss during her surgery. An evaluation was performed by two anesthesiologists prior to the surgery being performed. One of the anesthesiologists submitted an affidavit which stated that his only role in this matter was performing an initial evaluation. After the initial evaluation was performed, a second anesthesiologists finished the evaluation. The doctor that performed the initial evaluation noted in the patient’s record that he found no major medical issues. The initial anesthesiologist did indicate that the second anesthesiologists should look at the patient’s EKG, because the EKG was abnormal. The protein level in the patient’s urine was also elevated. However, the Court of Appeal found that there was no evidence that the EKG results or the elevated protein levels caused the patient’s death. The primary cause of death was excessive bleeding.
The Court of Appeal stated that in a medical malpractice case, the plaintiff must prove three elements. First, the plaintiff must establish the applicable standard of care that the doctor owes to the patient. Second, the plaintiff must show that the physician did not meet the applicable standard of care in his or her treatment of the patient. Third, the plaintiff must show that the doctor’s breach of the applicable standard of care caused the injury that the patient sustained.
After reviewing the evidence in this case, the Court of Appeal found that there was no competent evidence from which the jury could conclude that the initial doctor’s behavior breached the applicable standard of care. The Court of Appeal also found that there was no proof that it was more likely than not that the alleged breach of the doctor’s standard of care caused the patient’s death.
To speak with a wrongful death attorney in West Palm Beach Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.