CSK Defense Team
West Palm Beach Partner Lee Cohen
West Palm Beach Associate Kenisha Morgan
Case Summary
This medical malpractice case centered on the Plaintiff’s claim that, after being discharged following an appendectomy, a hospitalist and a nurse practitioner failed to review final culture results that later revealed antibiotic resistance. The Plaintiff alleged that this oversight resulted in the formation of a pelvic abscess leading to a prolonged second hospital admission for multiple procedures to resolve the infection and permanent residual abdominal and urologic issues. Plaintiff sought more than $1.2 million in damages.
Defense Strategy
The CSK Defense Team presented a clear and compelling defense by demonstrating that the hospitalist and nurse practitioner met the applicable standard of care and were not responsible for following up on the final culture results once the patient was discharged. The defense established that the surgeon who ordered the cultures was the provider responsible for reviewing them and further highlighted the hospital’s failure to follow its own internal policy requiring immediate reporting of critical laboratory findings. By methodically addressing each allegation and presenting a cohesive, evidence-based narrative, the defense effectively neutralized the Plaintiff’s theory of liability. This strategic approach also reinforced that the care provided by the medical professionals aligned with accepted medical practice, leaving no causal connection between their actions and the Plaintiff’s alleged injuries.
Outcome
After deliberating for approximately one hour, including lunch, the jury found no negligence by any Defendant. This outcome not only defeated the Plaintiff’s claims but also triggered recovery of fees under a longstanding Proposal for Settlement from March 2025. The case underscores the importance of clear role delineation among medical providers, strict adherence to hospital policies, and the effectiveness of a focused defense strategy that exposes gaps in a Plaintiff’s causation theory. It also reinforces that thorough documentation and precise expert testimony remain critical to securing favorable results in medical malpractice litigation.
Special Thanks to the WPB Team
Paralegal Karen Kosta
Legal Assistants Angelica Contessa and Joanne Ulysse
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