A plaintiff reluctant to describe his allegations against a Broward hospital and a Lauderdale Lakes behavioral treatment facility as medical negligence tripped on an appellate hurdle Wednesday, when the Fourth District Court of Appeal threw out his lawsuit because it didn't comply with the strict requirements of Florida's medical malpractice statute.

The opinion demonstrates the pitfalls of medical malpractice claims, which come into play when alleged wrongdoing involves the professional skill or judgment of medical experts. Unlike ordinary negligence, these claims come with stricter criteria to meet under Florida Statute Chapter 766 (2017).

Roberto Cortes sued in February 2019 after his daughter Daniela Cortes died of "a severe withdrawal syndrome," allegedly because she was suddenly cut off from seven medications that Memorial Regional Hospital had prescribed for her stay at a facility owned by Henderson Behavioral Health Inc.

Those medications carry risks of life-threatening withdrawal symptoms such as heart arrhythmias and seizures if they're abruptly stopped, according to the complaint, which said Cortes died after four days without them.

Defendants Henderson Behavioral Health and South Broward Hospital District argued those allegations fell under medical negligence. And under that standard, they alleged the plaintiff failed to comply with pre-suit requirements to conduct a "reasonable investigation," which included having a medical expert corroborate the claims.

But Cortes countered that statute didn't apply because the doctors and medical staff involved had repeatedly asked for the medications and "exercised correct medical judgment." Instead, he alleged it was the institutions that committed negligence by failing to follow doctors' instructions.

Commenting that it would be a "close call" after discovery, Broward Circuit Judge Michael Robinson had sided with the plaintiff, noting that when there's doubt about medical malpractice and ordinary negligence claims, the claimant should prevail.

But it wasn't so complicated for the Fourth DCA, which found the trial court "departed from the essential requirements of law" when it denied the motions to dismiss.

"We have no difficulty or doubt in concluding that plaintiff's claims sound in medical negligence. The acts from which the claims arise relate to 'the failure to render, medical care or services,' " the per curiam opinion said. " To prove the claims, plaintiff must show that the hospital and treatment facility breached the professional standards of care in failing to ensure that plaintiff received her medications and failing to recognize the danger of withdrawal symptoms."

Fourth DCA Judges Martha Warner, Mark Klingensmith and Jeffrey Kuntz sat on the appellate panel.

Lawyers for Henderson Behavioral Health, Joshua B. Walker and Eric J. Netcher of Walker, Revels, Greninger & Netcher in Orlando declined to comment on the case.

Plaintiffs counsel Alberto E. Lugo-Janer of CPLS in Orlando and South Broward Hospital District's lawyers M. Katherine Hunter and Eric D. Freedman of Chimpoulis & Hunter in Plantation did not respond to requests for comment by deadline.

|

Read the full ruling:

More appeals: