Menendez v. Public Health Trust of Dade County, No. 89-2332
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | BASKIN |
| Citation | 566 So.2d 279 |
| Parties | 62 Ed. Law Rep. 1261, 15 Fla. L. Weekly D1922 Magda MENENDEZ and Americo Menendez, as the natural parents of Adaris Menendez, a minor, Appellants, v. PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, d/b/a Jackson Memorial Hospital, University of Miami, and Mary O'Sullivan, M.D., Appellees. |
| Decision Date | 24 July 1990 |
| Docket Number | No. 89-2332 |
Page 279
v.
PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, d/b/a Jackson Memorial Hospital, University of Miami, and Mary O'Sullivan, M.D., Appellees.
Third District.
Rehearing Denied Sept. 6, 1990.
Page 280
George W. Chesrow, Coral Gables, and Orlando Ruiz, Miami, for appellants.
Thornton, David, Murray, Richard & Davis and Aurora Ares and Sheryl E. Berkowitz, Fowler, White, Burnett, Hurley, Banick & Strickroot and Steven E. Stark, Miami, for appellees.
Before HUBBART, NESBITT and BASKIN, JJ.
BASKIN, Judge.
The Menendezes appeal an adverse summary judgment entered in a medical malpractice action. We affirm as to Dr. O'Sullivan and the University of Miami; we reverse as to Public Health Trust of Dade County, Florida, d/b/a Jackson Memorial Hospital [Jackson], and remand for further proceedings.
On June 8, 1981, Magda Menendez was admitted to Jackson. She was hemorrhaging during a pregnancy and suffering from gestation diabetes. She remained hospitalized until she was discharged on July 8, 1981. On July 14, 1981, Magda was again admitted to Jackson because she was hemorrhaging. On July 18, 1981, the doctors at Jackson performed a Cesarean delivery of a baby girl. The birth of baby Adaris was approximately ten weeks premature. When the baby was born, Magda was told that the baby was delivered "without any complications" and was born in "good condition," even though she had to be ventilated and had low Apgar scores. Following her birth, Adaris was taken to the intensive care unit. She remained at Jackson until August 29, 1981.
In April of 1982, a doctor at the University of Miami Mailman Center told Magda that Adaris had cerebral palsy. The doctor's report indicated that Adaris had congenital brain damage, as well as cerebral palsy, and numerous other medical problems. In January of 1984, a physical therapist, who had not reviewed any of the medical records from Jackson, told Magda that she thought Magda's bleeding during pregnancy had caused Adaris to lose oxygen and "that's what caused her brain damage."
On July 16, 1985, Magda consulted a lawyer. On September 30, 1985, the Menendezes filed a complaint for damages for medical malpractice against the hospital, the University of Miami, and a doctor on the university's medical school faculty, alleging that the obstetrical care rendered to Magda prior to the birth of her daughter fell below the reasonable standard of care and resulted in Adaris suffering irreversible brain and nerve damage.
Defendants denied the allegations of negligence and asserted the defenses of the statutes of limitations and repose. Plaintiffs maintained that the statute of limitations had been tolled by fraud, misrepresentation, and concealment practiced by defendants. Defendants moved for summary judgment, and after conducting a hearing, the trial court entered summary judgment in favor of all defendants. The trial court decided that plaintiffs' claims were barred
Page 281
by the four-year statute of repose contained in section 95.11(4)(b), Florida Statutes (Supp.1980). The trial court denied plaintiffs' motion for...To continue reading
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Tanner v. Hartog, No. 79390
...cases, the district courts of appeal have been reluctant to strictly apply the Nardone rule. Thus, in Menendez v. Public Health Trust, 566 So.2d 279, 282 n. 3 (Fla. 3d DCA 1990), approved, 584 So.2d 567 (Fla.1991), the court said that "[a] defect at birth does not necessarily put the parent......
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Doe v. HILLSBOROUGH COUNTY HOSP. AUTHORITY, No. 2D01-217.
...333 So.2d 25 (involving child who suffered irreversible brain damage and blindness); Menendez v. Pub. Health Trust of Dade County, 566 So.2d 279 (Fla. 3d DCA 1990) (involving infant who received care in intensive care unit and was diagnosed with cerebral palsy); Humber v. Ross, 509 So.2d 35......
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Shepherd v. Garrod, No. 93-3279
...denied, 492 So.2d 1334 (Fla.1986); Armus v. Kuttler, 578 So.2d 835 (Fla. 3d DCA 1991); Menendez v. Public Health Trust of Dade County, 566 So.2d 279 (Fla. 3d DCA 1990), approved, 584 So.2d 567 STONE, STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur. ...
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Aristizabal v. Galen Hospital-Pembroke Pines Inc., HOSPITAL-PEMBROKE
...Affirmed. Tanner v. Hartog, 618 So.2d 177 (Fla.1993); Nardone v. Reynolds, 333 So.2d 25 (Fla.1976); Menendez v. Public Health Trust, 566 So.2d 279 (Fla. 3d DCA 1990); Lipshaw v. Pinosky, 442 So.2d 992 (Fla. 3d DCA 1983), approved in part, quashed in part sub nom., Wagshul v. Lipshaw, 464 So......
-
Tanner v. Hartog, No. 79390
...cases, the district courts of appeal have been reluctant to strictly apply the Nardone rule. Thus, in Menendez v. Public Health Trust, 566 So.2d 279, 282 n. 3 (Fla. 3d DCA 1990), approved, 584 So.2d 567 (Fla.1991), the court said that "[a] defect at birth does not necessarily put the parent......
-
Doe v. HILLSBOROUGH COUNTY HOSP. AUTHORITY, No. 2D01-217.
...333 So.2d 25 (involving child who suffered irreversible brain damage and blindness); Menendez v. Pub. Health Trust of Dade County, 566 So.2d 279 (Fla. 3d DCA 1990) (involving infant who received care in intensive care unit and was diagnosed with cerebral palsy); Humber v. Ross, 509 So.2d 35......
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Shepherd v. Garrod, No. 93-3279
...denied, 492 So.2d 1334 (Fla.1986); Armus v. Kuttler, 578 So.2d 835 (Fla. 3d DCA 1991); Menendez v. Public Health Trust of Dade County, 566 So.2d 279 (Fla. 3d DCA 1990), approved, 584 So.2d 567 STONE, STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur. ...
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Aristizabal v. Galen Hospital-Pembroke Pines Inc., HOSPITAL-PEMBROKE
...Affirmed. Tanner v. Hartog, 618 So.2d 177 (Fla.1993); Nardone v. Reynolds, 333 So.2d 25 (Fla.1976); Menendez v. Public Health Trust, 566 So.2d 279 (Fla. 3d DCA 1990); Lipshaw v. Pinosky, 442 So.2d 992 (Fla. 3d DCA 1983), approved in part, quashed in part sub nom., Wagshul v. Lipshaw, 464 So......