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 Law

On 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.


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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.


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8/7/2018

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