Kari Jacobson and Jonathan Ficarrotta obtained a defense verdict in a premises liability case tried in Hillsborough County. The Plaintiff alleged that the Defendant, a hospital, was negligent in failing to maintain its premises in a safe condition resulting in Plaintiff slipping and falling in the parking garage after a heavy rainstorm. The jury found that the Defendant breached no duty to Plaintiff.
Lou La Cava and Iva Valtcheva obtained a defense verdict in a case tried in Pasco County. The Plaintiff alleged the Defendant radiologist was negligent in his interpretation of a screening mammogram. The patient had previous mammograms showing a nodule that was considered to be benign. The defendant identified the nodule as being stable. The Plaintiff alleged the nodule had changed from the previous mammograms. A year later the patient was diagnosed with breast cancer. On behalf of the defendant it was argued that the mammogram was appropriately interpreted when compared to the previous studies and that even assuming a delay in diagnosis, the treatment and prognosis for the patient would not have changed. After a one week trial the jury returned a verdict in favor of the defendant.
Lou La Cava and David Young recently tried a case in Pasco County alleging that their client, an emergency room physician, was negligent in not diagnosing and treating a pulmonary embolism in the emergency room resulting in the death of a 39 year old man. The case was also brought against an internal medicine physician who treated the patient after he was admitted. The case resulted in a mistrial because the jury was unable to reach a decision regarding the claim against the internal medicine physician. The jurors informed the court that they were able to reach a verdict as to only one of the Defendants in the case. After the mistrial was declared the jurors indicated that they had quickly and unanimously determined that the emergency room physician, who was represented by Mr. La Cava and Mr. Young was not negligent and they were prepared to return a verdict finding him not negligent. Due to the inability of the jury to reach a verdict as to the other physician the court declared a mistrial.
Jason Azzarone was successful in arguing to the Second District Court of Appeal that the trial court did not err in granting a motion to compel arbitration in a medical malpractice lawsuit in Santiago v. Baker, — So.3d —-, 2014 WL 1396594 (Fla. 2d DCA 2014). On appeal, the Appellants argued that the arbitration agreement before the Court violated Florida’s Medical Malpractice Act, Chapter 766, Fla. Stat. (2011). Specifically, Appellants argued that the agreement violated Florida’s public policy and, based on the Florida Supreme Court’s decision in Franks v. Bowers, 116 So.3d 1240 (Fla.2013), the Medical Malpractice Act required the resolution of all malpractice claims through statutory voluntary binding arbitration or trial. Mr. Azzarone argued that the Florida Supreme Court, in its decision, did not negate the ability of parties to enter into arbitration agreements in medical malpractice cases, provided that the rights afforded to the parties in the Medical Malpractice Act were not negated by the terms of the arbitration agreement. As none of the rights afforded to the Appellants in the Medical Malpractice Act were negated by the arbitration agreement before the Court, Mr. Azzarone argued that the trial court’s order should be affirmed. The Second District Court of Appeal agreed, holding that the arbitration agreement was not void as against public policy. The Court also opined that nothing in the Florida Supreme Court’s opinion precluded private binding arbitration agreements under Florida’s Medical Malpractice Act.
Civil Trial Defense Law Firm
La Cava Jacobson & Goodis handles
litigation and appeals in all Florida state and federal courts.