Lane v. White, s. 63-898
| Decision Date | 18 August 1964 |
| Docket Number | Nos. 63-898,63-899 and 63-900,s. 63-898 |
| Citation | 167 So.2d 14 |
| Court | Florida District Court of Appeals |
| Parties | Robert C. LANE, Appellant, v. D. Ward WHITE, Samuel P. Leslie and St. Francis Hospital, Inc., a Florida corporation, jointly and severally, Appellees (three cases). |
Orr & Kaplan, Miami, for appellant.
Blackwell, Walker & Gray and Paul R. Larkin, Jr., Miami, for appellee D. Ward White.
Wicker, Smith, Blomqvist, Hinckley & Davant and Frank A. Lane, Miami, for appellee Samuel P. Leslie.
Hoffman, Kemper & Johnson, Taylor, Brion & Rollins and Dan A. Hames Miami, for appellee St. Francis Hospital.
Before CARROLL, HORTON and HENDRY, JJ.
Plaintiff appeals from the judgments entered in favor of the defendants pursuant to directed verdicts which were granted by the trial judge at the end of plaintiff's case, wherein each of the defendants were charged with negligence.
Appellant checked into the appellee-hospital for the removal of his appendix on October 9, 1959. The operation was performed that evening by the appellee-White, who had obtained the services of the appellee-Leslie to administer the anesthetic. Subsequent to the operation, appellant was removed from the operating room to his room without being taken to the recovery room. Appellant had requested appellee-White to obtain private duty nurses for him, but they were not available until the next day. There was a registered nurse on the floor where appellant's room was located.
Both the doctor and the anesthetist looked in on appellant prior to leaving the hospital that night, and everything appeared normal. Shortly thereafter, appellant, while coming out from under the effects of the anesthetic administered for the operation, began to thrash about violently. It appears that after appellant had thrashed about for some time restraints were applied. The appellant developed a ventral hernia which was first discovered by the appellee-White approximately five days after the operation. The malpractice alleged is that the appellant's hernia resulted by virtue of his thrashing about. Had this thrashing been prevented, the injury would not have resulted.
Appellant charged that the two doctors were guilty of malpractice by leaving the hospital prior to such time that the appellant had sufficiently withdrawn from the anesthetic so as to be aware of what reaction, if any, he would suffer and act accordingly. It is appellant's charge that had either doctor been present when he began to thrash about sufficient action could have been taken to prevent the hernia.
Appellant further charges appellee-White with malpractice in agreeing to obtain special duty nurses and in failing to so do.
In regard to the hospital, appellant alleges negligence on their part because of the delay in coming to his assistance when he was thrashing about.
During the plaintiff's case both defendant-doctors testified and so did plaintiff's medical expert.
Giving the appellant the benefit of every factual dispute, we are...
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Wale v. Barnes
...in a malpractice case. Such decision in expressly relying upon Le Prince v. McLeod, 171 So.2d 189 (Fla.App.3d 1965); and Lane v. White, 167 So.2d 14 (Fla.App.3d 1964), creates a Misapplication of law as a basis for our review inasmuch as the factual situations in the cited cases vary materi......
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Maltempo v. Cuthbert
...possible cause for the injury in order to reach the jury, relying on LePrince v. McLeod, Fla.App.1965, 171 So.2d 189, and Lane v. White, Fla.App.1964,167 So.2d 14. In those cases, however, there were numerous possible causes for the injury complained of; the plaintiffs' proof failed in that......
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Hernandez v. Clinica Pasteur, Inc., 73--31
...that there was insufficient evidence to submit the issue of proximate cause to the jury. The decisions relied upon are Lane v. White, Fla.App.1964, 167 So.2d 14, and LePrince v. McLeod, Fla.App.1965, 171 So.2d 189. In Lane, the first cited opinion, the plaintiff alleged malpractice in that ......
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Wale v. Barnes, 71-242
...It is our opinion that this case is governed by the rules stated in Le Prince v. McLeod, Fla.App.1965, 171 So.2d 189 and Lane v. White, Fla.App.1964, 167 So.2d 14, and therefore the trial court was correct in granting a directed verdict for the We have considered the three points argued for......