Florida Doctor Granted Retrial in Lawsuit Over Detox Patient's Death
Tuesday, August 7, 2018
By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawOn July 25, 2018, a Florida physician found guilty of negligence that led to the death of a patient at a detox facility was granted a new trial. A Florida appellate court ruled that the trial court was out of bounds when it barred his testimony and allowed the estate to hold him fully liable. In the recent opinion, the appellate court stated that the trial court incorrectly barred Dr. Antonio F. Defilippo from testifying that he wasn’t present when the patient was admitted to South Florida Psychiatric Services. The opinion also stated that the court should not have allowed the estate of the deceased to allocate 100 percent liability on the physician after the jury concluded the facility was 80 percent liable for the $1.3 million in damages.Because of the lack of evidence, the appeals panel concluded that the jury instructions for this claim were “reasonably calculated to confuse or mislead the jury,” and therefore a retrial was granted. Click here to read the court’s opinion in full. There are many similar instances where physicians have been granted retrials over medical malpractice suits, click here to read one of those cases. Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.At the Health Law Firm we provide legal services for all health care providers and professionals.This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors,Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgicalcenters, pain management clinics, nursing homes, and any other healthcare provider. We representfacilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.The lawyers of The Health Law Firm are experienced in both formal and informal administrativehearings and in representing physicians in investigations and at Board of Medicine and Board ofOsteopathic Medicine hearings. We represent physicians accused of wrongdoing, in patient complaints and in Department of Health investigations. To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.ThehealthLawFirm.com.Source:Reddan, Darcy. “Fla. Doc Gets Retrial In Suit Over Detox Patient's Death.” Law360. (July 25, 2018). Web.About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.KeyWords: Representation for health care professionals, doctor lawyer, doctor attorney, representation for doctors, doctor defense attorney, health care professional defense lawyer, health law defense attorney, health care facility representation, health care law defense, The Health Law Firm reviews, reviews of The Health Law Firm attorneys, Florida health law firm, Florida health law defense attorney“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.Copyright © 2018 The Health Law Firm. All rights reserved.
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