CSK Tampa Partners Dan Shapiro and Laura Segura received a complete defense verdict on behalf of their hospital client in a medical malpractice and wrongful death case in Hernando County.
The case involved allegations that the hospital’s nurses fell below the standard of care in monitoring the Plaintiff’s husband during alcohol detoxification. Plaintiff also argued that the hospital’s nurses breached the standard of care by neglecting to secure a psychiatric consult, contending that this would have resulted in the patient being Baker Acted, preventing him from leaving against medical advice (“AMA”), before being struck by a vehicle outside the hospital.
Defense argued that the hospital’s nurses exceeded the standard of care. They demonstrated how the nurses diligently assessed the patient, administered medication appropriately, and sought timely intervention from his physician, when necessary. The defense also emphasized the patient’s right to leave AMA and presented evidence of the patient’s extensive 40-year history of alcohol abuse and noncompliance with medical advice, showing he was not a candidate for the Baker Act.
Plaintiff asked the jury to award $4.5 million. The jury deliberated for 2.5 hours before returning a complete defense verdict.
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