Florida Appeals Court Allows Bid for Punitive Damages in Medical Malpractice Suit Against Orlando Health Surgeon

Sufficient Evidence Supports Punitive Damages Claim

In a recent ruling, a Florida appeals court refused to strike a punitive damages claim against an Orlando Health surgeon accused of botching an appendectomy procedure. The court determined that there is enough evidence to justify the claim and that Orlando Health is liable for the surgeon’s hiring and retention. The decision sets an important precedent for medical malpractice cases involving healthcare organizations.

Orlando Health Liable for Hiring and Retention

According to the appellate court, Orlando Health is liable for the surgeon’s actions because the hospital network failed to “discover or remedy” the surgeon’s unfitness for the position. As an employer, Orlando Health had a duty to exercise reasonable care when hiring and retaining medical staff and to ensure that they are properly trained and competent.

Implications for Medical Malpractice Cases

The court’s decision has significant implications for medical malpractice cases involving healthcare organizations. Plaintiffs can now seek punitive damages from hospitals and other healthcare providers if they can demonstrate that the healthcare organization was also responsible for the negligence of its medical staff. This may encourage hospitals to implement more rigorous hiring and training protocols.

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Long-tail Keywords

Medical malpractice, punitive damages, Orlando Health, surgical error, hiring and retention liability, healthcare organization, negligent hiring, training protocols, legal news, business lawyers, litigation, regulation, transactions.

Originally Post From https://www.law360.com/articles/1841077/fla-health-co-can-t-nix-punitive-damages-in-med-mal-suit

Fla Health Co Cant Nix Punitive Damages In Med Mal Suit Law360