Drew v. Knowles, No. 86-1067

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; DANAHY
Citation12 Fla. L. Weekly 1798,511 So.2d 393
Docket NumberNo. 86-1067
Decision Date24 July 1987
Parties12 Fla. L. Weekly 1798 David G. DREW, as Personal Representative of the Estate of David George Drew, II, Deceased, and on Behalf of Gail W. Drew and David G. Drew, Appellant, v. Margaret KNOWLES, R.T.; Cathy Farrell, R.T.; Joe Sansever, R.T.; Nancy Roebuck, R.N.; Elizabeth Beyer, R.N.; Judith Dryer, R.N.; Judith Kaltenbaugh, R.N.; Pam Gillis, R.N.; Robert Colombia, R.N.; Phyllis Sizelove, R.N.; Beverly Theodore, R.N.; Carol McKendree, R.N.; and David E. Law, M.D., Appellees.

Page 393

511 So.2d 393
12 Fla. L. Weekly 1798
David G. DREW, as Personal Representative of the Estate of David George Drew, II, Deceased, and on Behalf of Gail W. Drew and David G. Drew, Appellant,
v.
Margaret KNOWLES, R.T.; Cathy Farrell, R.T.; Joe Sansever, R.T.; Nancy Roebuck, R.N.; Elizabeth Beyer, R.N.; Judith Dryer, R.N.; Judith Kaltenbaugh, R.N.; Pam Gillis, R.N.; Robert Colombia, R.N.; Phyllis Sizelove, R.N.; Beverly Theodore, R.N.; Carol McKendree, R.N.; and David E. Law, M.D., Appellees.
No. 86-1067.
District Court of Appeal of Florida,
Second District.
July 24, 1987.

Page 394

Russell S. Bohn of Montgomery, Searcy & Denney, P.A., and Edna L. Caruso, West Palm Beach, and W. McKinley Smiley, Jr., Bradenton, for appellant.

Judith W. Simmons of Foley & Lardner, Tampa, for appellee Dryer.

Steven J. Chase and Donald D. Clark of Abel, Band, Brown, Russell & Collier Chartered, Sarasota, for appellee Law.

George A. Vaka and Philip D. Parrish of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for appellees Knowles, Farrell, Sansever, Roebuck, Beyer, Kaltenbaugh, Gillis, Colombia, Sizelove, Theodore and McKendree.

PER CURIAM.

Appellant, plaintiff below, argues two points in urging that we should find error in the trial court's actions presented to us for review on this appeal. Two differing actions of the trial judge are here for our review. First, appellant argues that the trial judge erred in granting motions to dismiss appellant's fourth amended complaint with prejudice for failure to state a cause of action as to appellee/codefendant respiratory therapists Margaret Knowles, Cathy Farrell and Joe Sansever, and as to appellee/codefendant registered nurses Nancy Roebuck, Elizabeth Beyer, Judith Kaltenbaugh, Pam Gillis, Robert Colombia, Phyllis Sizelove, Beverly Theodore and Carol McKendree. Second, appellant argues that the trial judge erred in granting summary judgment for appellee/codefendant Dr. David E. Law and appellee/codefendant nurse Judith Dryer. We affirm in part and reverse in part.

Appellant's wrongful death action results from the death of his twenty-four-month-old son, David George Drew, II ("Davey"), late in the evening of January 22, 1983, or early morning January 23, 1983. The immediate cause of Davey's death was cardiorespiratory arrest resulting from the complications of acute bacterial meningitis. The primary treatment physicians involved and the hospital that admitted Davey to its care are not parties to this appeal. All of the appellees in this appeal were employees of the admitting hospital with the exception of appellee, Dr. Law. Dr. Law was an internist and pulmonary specialist on the staff of the admitting hospital and on call for emergencies in the intensive care unit of the hospital on the night of Davey's death.

In the early evening of January 21, 1983, Davey was exhibiting symptoms of fever, diarrhea, listlessness and limpness. His parents called their family physician, Dr. Nelson, and reached his answering service. Sometime later that evening, another family physician, Dr. Laukhuf, who shared offices

Page 395

with Dr. Nelson and was "covering" calls for him that evening, returned Davey's parents' call. Dr. Laukhuf scheduled an appointment to see Davey the next morning, a Saturday. Upon examining Davey that next morning, Dr. Laukhuf diagnosed him to be very ill, severely dehydrated and considered that one of several possible illnesses could have been infectious meningitis.

Dr. Laukhuf then sent Davey and his mother across the street in Bradenton to Blake Memorial Hospital to the emergency room. Dr. Laukhuf called in instructions to the hospital and also called Dr. Nelson and informed him of her actions. Davey was admitted to the emergency room of the hospital around noon on January 22, 1983, and later transferred to an adult floor of the hospital that had pediatric beds for the purpose of a spinal tap to diagnose whether he had meningitis. Dr. Nelson performed the spinal tap around 4:00 p.m., confirming the diagnosis of bacterial meningitis. Davey later suffered seizures and was transferred to the intensive care unit.

Later in the evening, Davey suffered cardiorespiratory arrest but was resuscitated and arrangements were made to transfer him by ambulance to All Children's Hospital in St. Petersburg. While being transported by ambulance, Davey again...

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7 practice notes
  • Aills v. Boemi, No. 2D07-233.
    • United States
    • Court of Appeal of Florida (US)
    • June 13, 2008
    ...We note that general, conclusory allegations are insufficient to state a cause of action for medical negligence. See Drew v. Knowles, 511 So.2d 393, 395 (Fla. 2d DCA 1987). Instead, "`[w]hile it is sufficient to charge in general terms that an injury was negligently inflicted, the acts done......
  • Mettler, Inc. v. Ellen Tracy, Inc., No. 93-02970
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1994
    ...Creek, Inc., 609 So.2d 14 (Fla.1992); Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So.2d 881 (Fla.1972); Drew v. Knowles, 511 So.2d 393, 395 (Fla. 2d DCA 1987). A motion to dismiss should not be granted on the basis of affirmative defenses unless the affirmative defenses appear......
  • Crawley-Kitzman v. Hernandez, 3D20-420
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 2021
    ...of the complaint are assumed to be true and all reasonable inferences 324 So.3d 974 indulged in favor of the plaintiff." Drew v. Knowles, 511 So. 2d 393, 395 (Fla. 2d DCA 1987). "Whether a complaint is sufficient to state a cause of action is an issue of law. Consequently, the ruling on a m......
  • Siegel v. Husak, No. 3D04-2310.
    • United States
    • Court of Appeal of Florida (US)
    • October 25, 2006
    ...diagnosis or referral had he been attentive. For this reason, we find that this case is governed by the reasoning in Drew v. Knowles, 511 So.2d 393 (Fla. 2d DCA 1987). In Drew, the Second District [A] nurse acting under the direction and orders of a physician in matters involving medical pr......
  • Request a trial to view additional results
7 cases
  • Aills v. Boemi, No. 2D07-233.
    • United States
    • Court of Appeal of Florida (US)
    • June 13, 2008
    ...We note that general, conclusory allegations are insufficient to state a cause of action for medical negligence. See Drew v. Knowles, 511 So.2d 393, 395 (Fla. 2d DCA 1987). Instead, "`[w]hile it is sufficient to charge in general terms that an injury was negligently inflicted, the acts......
  • Mettler, Inc. v. Ellen Tracy, Inc., No. 93-02970
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 1994
    ...Creek, Inc., 609 So.2d 14 (Fla.1992); Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So.2d 881 (Fla.1972); Drew v. Knowles, 511 So.2d 393, 395 (Fla. 2d DCA 1987). A motion to dismiss should not be granted on the basis of affirmative defenses unless the affirmative defenses appear......
  • Crawley-Kitzman v. Hernandez, 3D20-420
    • United States
    • Court of Appeal of Florida (US)
    • June 23, 2021
    ...complaint are assumed to be true and all reasonable inferences 324 So.3d 974 indulged in favor of the plaintiff." Drew v. Knowles, 511 So. 2d 393, 395 (Fla. 2d DCA 1987). "Whether a complaint is sufficient to state a cause of action is an issue of law. Consequently, the ruling on ......
  • Siegel v. Husak, No. 3D04-2310.
    • United States
    • Court of Appeal of Florida (US)
    • October 25, 2006
    ...diagnosis or referral had he been attentive. For this reason, we find that this case is governed by the reasoning in Drew v. Knowles, 511 So.2d 393 (Fla. 2d DCA 1987). In Drew, the Second District [A] nurse acting under the direction and orders of a physician in matters involving medical pr......
  • Request a trial to view additional results

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