Stephens v. Bay Medical Center

• Decision Date: 14 April 1997
• Docket Number: No. 96-761,96-761
• Citation: 691 So.2d 1136
• Parties: 22 Fla. L. Weekly D972 Anthony K. STEPHENS, Appellant, v. BAY MEDICAL CENTER, Frederick B. Epstein, M.D.; Kevin Morrissey, M.D.; Bay Emergency Physician Specialists, Inc.; Michael Walker, M.D., and John Doe, a medical specialist, Appellees.
• Court: Florida District Court of Appeals

Page 1136

691 So.2d 1136

22 Fla. L. Weekly D972

Anthony K. STEPHENS, Appellant, v. BAY MEDICAL CENTER, Frederick B. Epstein, M.D.; Kevin Morrissey, M.D.; Bay Emergency Physician Specialists, Inc.; Michael Walker, M.D., and John Doe, a medical specialist, Appellees.

No. 96-761.

District Court of Appeal of Florida,

First District.

April 14, 1997.

Paul D. Mark Lucas of Gary, Williams, Parenti, Finney, Lewis & McManus, Ft. Pierce; Thomas J. Brown of Brown and Brown, Tallahassee, and Barbara J. Compiani and Edna L. Caruso of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for Appellant.

Wiley Horton of Booth & Horton, Tallahassee, and Rainey C. Booth, Pensacola, for Appellees Epstein, Morrissey & Bay Emergency Physician Specialists, Inc.

Marcia Davis and Albert J. Stopka, III of Barron, Redding, Hughes, Fite, Bassett & Fensom, P.A., Panama City, for Appellee Michael Walker, M.D.

Janet W. Adams and Jeffrey M. Thompson of Adams, Hill, Reis, Adams, Hall & Schieffelin, Orlando, for Appellee Bay Medical Center.

JOANOS, Judge.

This is an appeal from an order of final summary judgment in favor of the defendants in a medical malpractice action. The trial court found the action was barred by the statute of limitations. Because we conclude a genuine issue of material fact exists regarding the date appellant knew or should have known there was a reasonable possibility that his injury was attributable to medical negligence, we reverse and remand for further proceedings.

On March 8, 1994, appellant filed a complaint against Bay Medical Center and Gulf Pines Hospital, Inc., alleging that defendants/appellees were guilty of medical negligence and malpractice in the care rendered to appellant in connection with injuries he sustained on October 13, 1991. This initial complaint was met with motions to dismiss which asserted the statute of limitations had run on the claim, because the complaint showed on its face that the underlying incident occurred on October 13, 1991. Appellant's response to the motions to dismiss included an affidavit of his attorney attesting that August 11, 1993, was the date when appellant's attorneys first considered that negligence may have occurred in the course of appellant's medical treatment. After the trial court denied their motions to dismiss, the defendants answered the complaint, raising the statute of limitations as an affirmative defense. In January 1995, following preliminary discovery, appellant filed a second medical malpractice complaint naming additional parties as defendants. Subsequently, the two actions were consolidated, after which all named defendants filed motions for summary judgment, again asserting that the action was barred by the statute of limitations.

On October 13, 1991, appellant was attacked and beaten unconscious by four or five young men. Appellant was taken to the emergency room of Bay Medical Center. Because the facility was crowded and appellant could not be treated immediately, he was taken to the emergency room at Gulf Pines Hospital. Appellant remained at Gulf Pines for more than nine hours. He then was transferred to Bay Medical Center by ambulance, with a preliminary diagnosis of possible intracerebral bleeding. After appellant had been in the emergency room of Bay Medical Center for five hours, he went into respiratory arrest. Crisis treatment was administered for the respiratory arrest, after which appellant was placed in the intensive care unit and thereafter was admitted to the hospital. He was discharged two months later on December 4, 1991, with a diagnosis of multiple head trauma resulting in paralysis of two cranial nerves. Medical evaluations performed since appellant's discharge indicate he has suffered permanent brain damage secondary to anoxic encephalopathy, caused by the cardiopulmonary arrest he suffered while in Bay Medical Center.

The individuals responsible for the attack upon appellant were prosecuted, and ultimately were convicted. In a letter dated January 6, 1992, to the assistant state attorney in charge of the criminal prosecutions, appellant's counsel stated:

This letter is to advise you of my representation of Mr. Anthony Kenneth Stephens, ... regarding his assault and personal injuries he sustained as a result of a vicious attack on October 13, 1991. I have been retained primarily to investigate, evaluate and proceed with civil actions against any of the tortfeasors, business proprietors and/or medical providers if there is a basis for civil liability.

I have also been employed to represent the individual interests of Mr. Stephens in the criminal prosecutions filed by the State against the individuals involved. As I explained to Mr. Stephens the criminal prosecution will be handled by your office exclusively. However, Mr. Stephens has asked that I be involved in the process to make sure that he knows of and understands the various stages of the prosecution. I have spent many hours with Mr. Stephens and his family. As such I feel that I can be of some assistance to the State in making sure that the Court is fully aware of the extent of Mr. Stephens' injuries, medical expenses and permanent disabilities.

It is my understanding that some or all of the young men charged have entered not guilty pleas. I have also been informed that there is a pretrial conference scheduled for Wednesday, January 22, 1992. I would like to appear at the conference to represent the interests of my client and assist your office in any manner that I can. I will call you prior to this date to discuss my involvement in greater detail.

Mrs. Jackie Stephens (my client's mother) has advised me that Bay County Sheriffs Office Investigator Mark Dufrense has prepared an investigation report as well as obtained statements from the defendants and various witnesses. I would like to obtain a copy of his investigation report and defendant or witness statements.

I am willing to share with you and your office any of the information that I have gathered from my interviews of Mr. Stephens, his family, other witnesses and my review of his medical records.

The trial court viewed this letter as establishing unequivocally that appellant and his attorney "knew or should have known prior to January 6, 1992, that there was a reasonable possibility that [appellant's] injuries were caused by medical negligence." Based on its interpretation of the letter, the trial court found the two-year limitations period for medical malpractice claims began January 6, 1992. S...