Recently, a Florida appellate court examined a case of medical malpractice that included an interesting discussion of proximate cause. Proximate cause is one of the most contested elements in Florida medical malpractice law.
Ruiz v. Tenet Hialeah Healthsystem, Inc.
Background of the case
In Ruiz v. Tenet Hialeah Healthsystem, Inc., the plaintiff went to her primary care doctor after discovering a large mass near the back of her head. The primary care doctor told the plaintiff that the mass was a tumor and referred her to a surgeon.
Upon examination, the surgeon discovered that the tumor was close to “pressing upon her brain” and recommended surgery so that the tumor could be debulked. Additional tests were conducted to make sure the plaintiff’s body would be able to handle the surgery.
What happened before surgery
The results of the additional tests were abnormal, but the primary care doctor cleared the plaintiff for surgery nonetheless.
The defendant in this case was the anesthesiologist filling in for the plaintiff’s anesthesiologist, who was running late. The defendant reviewed the plaintiff’s test results, saw some abnormal findings, and said she was fine for surgery.
During this evaluation, the plaintiff’s anesthesiologist arrived and started the evaluation again from the beginning.
The wrongful death claim and trial court ruling
The plaintiff died during the surgery from cardiac arrest. The plaintiff’s estate filed a wrongful death claim against the doctors involved in the surgery, including the defendant anesthesiologist.
The defendant argued that his actions were not the cause of the plaintiff’s death because the plaintiff’s anesthesiologist restarted the evaluation upon arrival. However, the lower courts did not accept this argument and still found the defendant negligent, even if his actions were not the primary cause of death.
The appellate court’s decision on proximate cause
On appeal, the appellate court reversed the lower court’s decision and sent the case back due to an incorrect application of a legal principle.
The appellate court held that, to establish causation, a plaintiff must show a defendant substantially contributed to the injury. The lower court applied the wrong standard—primary cause—when determining the defendant’s liability. On remand, the lower court must determine whether the defendant’s actions were a substantial cause of the plaintiff’s death.
Seeking help for medical malpractice
If you or a loved one has been injured because of the negligence of the health professionals in charge of your care, you might be entitled to compensation through a medical malpractice suit.
The medical malpractice attorneys at Dennis Hernandez Injury Attorneys are here for you. Medical malpractice is not something to be ignored, and we want you to receive the justice and damages you deserve for the negligence of your healthcare providers. Let us help you pursue the best possible result under the circumstances. Contact us today for a consultation.
