Brown v. North Broward Hosp. Dist.

• Decision Date: 20 January 1988
• Docket Number: Nos. 85-979,85-1047 and 85-2219,s. 85-979
• Citation: 521 So.2d 143,13 Fla. L. Weekly 247
• Parties: 13 Fla. L. Weekly 247 Troy BROWN, et al., Appellants/Cross Appellees, v. NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center, et al., Appellees/Cross Appellants. Troy BROWN, et al., Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, et al., Appellees. NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center, Appellant, v. Troy BROWN, William E. Goellner, M.D., etc., et al., Appellees.
• Court: Florida District Court of Appeals

Page 143

521 So.2d 143

13 Fla. L. Weekly 247

Troy BROWN, et al., Appellants/Cross Appellees, v. NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center, et al., Appellees/Cross Appellants.

Troy BROWN, et al., Appellants, v. NORTH BROWARD HOSPITAL DISTRICT, et al., Appellees.

NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center, Appellant, v. Troy BROWN, William E. Goellner, M.D., etc., et al., Appellees.

Nos. 85-979, 85-1047 and 85-2219.

District Court of Appeal of Florida,

Fourth District.

Jan. 20, 1988.

Rehearings Denied Feb. 17 and March 24, 1988.

Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., and Ferrero, Middlebrooks, Strickland & Fischer, P.A., Fort Lauderdale, for Troy Brown, et al.

Steven R. Berger of Steven R. Berger, P.A., Miami, Gibbs & Zei, P.A., and Bernard & Mauro, Fort Lauderdale, for North Broward Hosp. Dist.

John Edward Herndon, Jr., of Thornton, Herndon & Mastrucci, Miami, for William E. Goellner, M.D.

Shelley H. Leinicke of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Fort Lauderdale, for Haeck, Findeiss, Westmark & Creed, M.D., P.A.

DOWNEY, Judge.

These three consolidated appeals arise from a final judgment and orders on post-trial motions in this medical malpractice case involving the paralysis of appellant, Troy Brown. We affirm the trial court's judgment and orders in all respects.

On June 3, 1980, at around 7:00 p.m., the accident giving rise to the cause of action herein occurred when Troy Brown, a five-year-old boy, was skate-boarding down the street on his stomach, slid under a slowly moving car and was pinned under the exhaust pipe for several minutes until the driver jacked up the car and Troy's stepfather removed him from underneath the car. Troy's mother and stepfather subsequently drove him to Imperial Point Hospital at about 8:00 p.m. where he was treated in the emergency room by a Dr. Goldman who suspected possible intra-abdominal injuries. At Dr. Goldman's suggestion, Troy was transferred to Broward General Medical Center at around 10:00 p.m.

At Broward General, Troy was treated by Dr. Goellner, the emergency room physician on duty at the time, who had earlier spoken with Dr. Goldman regarding the suspected injuries. After five hours of observation and examination, Dr. Goellner concluded that Troy had only minor injuries and authorized his release from the hospital at 3:35 a.m. When Troy awoke the next day at home, he was unable to get out of bed and could not move his legs.

Troy Brown, by and through his mother, Patricia Ware, and Patricia Ware, individually, filed suit against Dr. Goellner and his employer, Haeck, Findeiss, Westmark and Creed, M.D., P.A., and North Broward Hospital District d/b/a Broward General Medical Center, among others. The main issue at trial was whether Dr. Goellner and the emergency room staff were negligent in their treatment of Troy by not discovering his spinal injury and resulting paralysis. In contrast to the trial testimony of Troy's mother that, while in the emergency room, she told Dr. Goellner twice that Troy could not move his leg and received no response from him, Dr. Goellner testified that he was never given this information and that if he had been told, he would have called in a neurologist. Both parties also presented the testimony of several expert witnesses who analyzed the treatment given to Troy in the emergency room. The jury returned a verdict finding the hospital negligent and awarding a total of $1,100,000 to the plaintiff. No negligence was found on the part of Dr. Goellner.

The parties have raised three main points on appeal. The first point deals with the the trial court's denial of the parties' motions for new trial based on the verdict's alleged inconsistency as well as the contention that the verdict was against the manifest weight of the evidence. Troy Brown and North Broward Hospital District both contend that the jury verdict finding liability against the hospital but none against the doctor makes no sense since the liability of the hospital clearly derived from the conduct of Dr. Goellner as agent for the hospital and as the person with primary responsibility for the treatment of Troy. Furthermore, they argue that since most of the evidence served to establish Dr. Goellner's negligence, the jury's finding liability on the part of the hospital alone was against the manifest weight of the evidence. Dr. Goellner and his employer, Haeck, Findeiss, Westmark & Creed, M.D., P.A. counter this argument by asserting that the jury verdict is wholly consistent with the evidence presented at trial and that by counsel's failure to bring the alleged inconsistency of the verdict to the court's attention prior to the discharge of the jury, they have waived their right to appellate review of this issue.

A review of the record herein indicates that the verdict was neither inconsistent nor against the manifest weight of the evidence. The expert witnesses all testified that the emergency room nurses and personnel had separate and distinct obligations to observe Troy Brown and report any difficulties with his motor...