Valenzuela Law Firm, PA | Trial Attorney
Attorney Henry E. Valenzuela

Surgical negligence claim reaches the Supreme Court

On Behalf of | Nov 8, 2022 | Medical Malpractice

Those involved in medical malpractice cases may often find their cases taken to higher courts when details become complicated or a party involved files appeals or injunctions that delay a ruling. When cases such as this reach the Supreme Court, new questions that surround the details of a case may arise.

Such is the case with one malpractice suit which, according to Health News Florida, involves alleged surgical malpractice and the question of whether certain medical workers have the knowledge required to allow a case to move forward.

Case stems from a cervical surgery

The plaintiff in this case claims that several medical workers performed negligent acts during a cervical fusion surgery that took place in 2016. She named both the surgeon and the attending nurse practitioner in the lawsuit, claiming their actions led to a serious infection after the surgery. Because Florida law requires certain steps in malpractice cases, including affidavits from qualified doctors, the plaintiff submitted a report from a doctor of internal medicine; however, the surgeon and nurse named in the lawsuit did not believe this physician qualified to give such a report.

Supreme Court became involved

The defendants in this case took their grievance to the Florida Supreme Court, as they continued to claim the reporting doctor’s report was not valid, as state law requires that a doctor filing a report for a malpractice claim patient must work in the same field of medical work as the defendants in the case. As such, the defendants claimed the opinion of the reporting doctor was not valid.

The outcome of this case could have a considerable impact on future similar malpractice lawsuits in Florida and across the country.