MSC Med Mal Defense Verdict

Attorneys James C. Sawran and Kathleen O. King of McIntosh, Sawran & Cartaya, P.A. in Fort Lauderdale, FL recently achieved a very significant defense verdict in Bell v. North Shore Medical Center, Inc., d/b/a Florida Medical Center, Case No. CACE-14-019124 DIV 18 (Fla. 17th Cir. May 25, 2017).

The case involved a malpractice claim filed by the Plaintiff against the Defendant hospital. At trial, the Plaintiff claimed that the Defendant’s nursing staff had failed to properly supervise the Plaintiff, failed to properly implement appropriate safety precautions for the Plaintiff, and failed to notify the Plaintiff’s physicians or hospital administration of the need for additional precautions, including a one-to-one sitter, resulting in the Plaintiff falling from her hospital bed and sustaining a fractured hip requiring surgical repair.  Plaintiff further claimed that as a result of the injury, the Plaintiff’s cognitive and physical decline was accelerated, resulting in the Plaintiff losing the ability to ambulate independently and being able to communicate in a meaningful manner, requiring 24/7 attendant care.

The Defendants denied the Plaintiff’s claims before and during trial, and further argued that nursing staff put into effect all reasonable fall precautions, and took special efforts with the Plaintiff to make her comfortable and keep her safe.  Defendant also asserted that the Plaintiff ultimately had an excellent surgical repair of her hip and was able to function as well as she had prior to the incident, and that her condition at the time of trial was the result of the natural progression of her many pre-existing health conditions.

The Plaintiffs requested that the jury return a verdict for $798,754.68, apportioned as follows: $350,000.00 for past pain and suffering, $400,000 for future pain and suffering and $48,754.68 for past medical expenses. However, on May 25, 2017, after a fifty-five minute deliberation, the jury returned a unanimous verdict in favor of the Defendants, finding no evidence to support the Plaintiff’s claims.


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