Hospital and Outpatient Facilities
Wicker Smith represents over 85 hospitals and countless healthcare providers. Our medical malpractice team has a long-standing reputation for aggressively defending healthcare-related clients in a wide range of medical malpractice claims that include catastrophic injury, wrongful death, infant death, brain injuries, amputations, spinal cord injuries, and surgical and nursing issues. Our extensive experience representing myriad medical facilities and medical professionals provides us with depth and knowledge in numerous areas of the medical field. In addition to an experienced collection of attorneys, the firm also employs a team of in-house nurses to assist in the medical evaluation and investigation of our medical malpractice cases. When necessary, Wicker Smith has retained top medical specialists from some of the most respected hospitals and universities to consult and testify for our clients.
Attorneys: Adam W. Rhys, Amanda Ritucci
We represented the hospital in this admitted liability case involving a medication error during the resuscitation of an infant, allegedly resulting in HIE and brain damage. Plaintiff’s life care expert presented a life care plan in excess of $32 million, and Plaintiff’s counsel asked for $72.5 million in closing arguments. The jury ultimately awarded $158,000, which triggered an award for attorneys’ fees pursuant to a previously rejected proposal for settlement.
Attorneys: Robert E. Paradela, Renee L. Brant, Courtney R. Maras
The subject case of this bench trial involved allegations of medical negligence resulting in the patient developing a left heel ulceration. The case was a survival action wherein we were able to dismantle the claims of pain and suffering via summary judgment. Additionally, we were able to reduce the associated medical expenses to $142.
Attorneys: Richards “Dick” Ford, Patrick L. Mixson
This was a medical malpractice case arising from an alleged perforation of the small intestine during laparoscopic surgery performed by a co-defendant gynecological surgeon. The Plaintiff claimed that the nurses of our client hospital negligently failed to recognize signs and symptoms of a bowel perforation when the patient presented to the hospital on the three consecutive days following the surgery. The Plaintiff claimed that she developed sepsis and other complications, requiring a bowel resection and many subsequent surgeries due to failure of an anastomosis after the bowel resection procedure. Plaintiff’s counsel asked the jury for $39 million at trial, but the jury found no negligence and returned a complete defense verdict.
Attorneys: Ashley P. Withers, Lindsey Grossman, Kevin W. Crews
Naples Partners Ashley Withers, Lindsey Grossman and Kevin Crews recently obtained a complete defense verdict in a medical malpractice case on behalf of a regional hospital system in Collier County, Florida.
This case involved the use of a left-sided knee component in a right knee during a total knee replacement. Plaintiff associated counsel from both Miami and Chicago, and filed suit against our client alleging negligence on the part of multiple hospital employees at multiple stages of the replacement procedure.
Through dozens of pretrial motions, we significantly limited the arguments Plaintiffs were able to make to the jury, and were further able to present evidence of prior incidents of device mislabeling on the part of the device manufacturer. We also obtained a favorable ruling on partial summary judgment as to claims of vicarious liability and intentional infliction of emotional distress, which helped to limit potential damages at trial.
After ten days of trial, Plaintiff asked the jury for $6 million. The jury deliberated for a little over four hours before returning a complete defense verdict as to our client hospital. The jury’s verdict triggered a Proposal for Settlement and a defense verdict obtained at non-binding arbitration, and as such, our client will be seeking fees and costs.
Congratulations Ashley, Lindsey, Kevin, and the entire team that worked up this case for this excellent result.
Attorneys: Jaclyn A. Rozental, Adam W. Rhys, Charles J. Roussin
West Palm Beach Partners Jaclyn Rozental and Adam Rhys, and Associate Charles Roussin, recently obtained a defense verdict in a medical malpractice trial in St. Lucie County, Florida.
They represented the hospital, three trauma surgeons, three trauma surgery physician assistants, one neurosurgery physician assistant, and one neurosurgeon in this case involving an alleged failure to diagnose a brain bleed in a 29-year-old man who came to the hospital as a trauma alert following a significant motor vehicle accident.
According to the medical records, the patient underwent a brain CT in the ED at the time of admission, which was normal. He had normal neurological checks every four hours for the first several days he was hospitalized, and was improving and expected to be discharged. In the early morning hours of his fifth day of admission, he experienced a rapid deterioration and was diagnosed with an acute subdural hematoma. The injuries included right-sided hemiplegia, as well as vision and speech issues. There was an undisputed $6.5 million life care plan with 24/7 attendant care, and a lost wages claim of $1.5 million.
Prior to trial, a motion for partial summary judgment was granted as to the neurosurgeon, neurosurgery physician assistant, and one of the trauma surgery physician assistants due to a lack of standard of care expert opinions against them. During trial, one of the trauma surgery physicians was dropped, also due to a lack of standard of care expert opinions against him. The judge also granted Plaintiff’s request for an instruction to the jury that the hospital deviated from the standard of care regarding its policies. Additionally, the judge granted a motion to strike the testimony of the defense trauma surgery expert as it related to the two remaining physician assistants.
After a three-week trial, Plaintiff’s counsel asked the jury for $56 million at closing. The jury returned a complete defense verdict. After the verdict was rendered, Plaintiffs moved for a mistrial, which was denied.
This was a highly contentious and emotional case with difficult facts. Congratulations Jaclyn, Adam, Charles, and the rest of the trial team for this outstanding outcome.
Attorneys: Michael R. D’Lugo
Orlando Partner Michael D’Lugo D’Lugo recently prevailed in an appellate matter heard by the Florida Sixth District Court of Appeal.
We represented a Southwest Florida hospital in this case that involved a PA performing a vaginal exam on the Plaintiff. Plaintiff claimed the matter was a sexual assault case and filed it as such. Attorneys in our Sarasota office filed a Motion to Dismiss, arguing that it was a medical malpractice case and should be dismissed since the Plaintiff had not complied with the mandatory presuit period required by Florida statutes. The trial court denied our Motion to Dismiss.
Michael D’Lugo filed a Writ of Certiorari with the Florida Sixth DCA in August 2025, and in early April 2026 the Court quashed the trial court’s order, ruling that the case is a medical malpractice matter and must be filed and litigated as such, including the mandatory presuit investigation. The case will now go back to the trial court, where a final judgment will be entered because the statute of limitations has expired.
Congratulations Michael on this excellent result.
Attorneys: Michael R. D’Lugo, Taylor McLeod
Orlando Partners Michael D’Lugo and Taylor McLeod recently prevailed in an appellate matter heard by the Florida Sixth District Court of Appeal.
The underlying case was a medical malpractice matter that arose from a stillbirth at 37 weeks. The subject incident occurred in 2017, and the case went to trial in Orange County in 2023. Despite Plaintiff’s counsel relying heavily on sympathy and asking the jury for $20 million, the trial resulted in a defense verdict for our client hospital.
Plaintiffs appealed, claiming that the trial court abused its discretion by striking several of their nursing expert’s opinions, and that the exclusion of those opinions amounted to a denial of Plaintiff’s due process rights.
The appeal process was lengthy, and involved a Court-ordered mediation and oral argument. Finally, more than eight years after the subject incident, the Sixth DCA issued a Per Curiam Affirmance of the trial court’s ruling.
Congratulations Michael and Taylor on this excellent result.
Attorneys: Robert E. Paradela, William F. Fink, Victoria Sosa
Fort Lauderdale Partners, Robert Paradela and William Fink, and Associate, Victoria Sosa, recently obtained Final Summary Judgment in a medical malpractice action on behalf of a hospital system in Broward County, Florida.
This case involved a Plaintiff who underwent a hysterectomy and an alleged ureter thermal injury that she claimed led to a prolonged hospital stay and additional surgeries. Plaintiff sued our client, the hospital, alleging that they were vicariously liable for the purported negligence of her treating OBGYN and Urologist. Through strategic discovery, motion practice, and strict adherence to the trial court’s deadlines, we moved for final summary judgment arguing that Plaintiff failed to present any evidence supporting her claims of negligence against the hospital. A nominal proposal for settlement was served to the Plaintiff in 2023. The Court granted Final Summary Judgment and our client is now entitled to recover almost two years of fees and costs.
Congratulations to the entire team who worked this file on this excellent work on behalf of our client.
Attorneys: Lindsey Grossman
Naples Partner Lindsey Grossman recently obtained summary judgment on behalf of a hospital in a medical malpractice case in Collier County, Florida.
Plaintiff alleged that while undergoing alcohol withdrawals at the hospital, a hot cup of coffee was spilled onto him, causing burns across his abdomen and arm areas. Through discovery and deposition testimony, it was learned that the coffee was not “accidentally spilled,” but instead fell onto Plaintiff because he intentionally slapped the hot cup of coffee out of the healthcare worker’s hands and onto himself while going through detox.
In light of this, we argued that Plaintiff’s deliberate act was the cause of his injury, and there was no liability on the part of the hospital. The Court agreed, and entered summary judgment in our client’s favor.
Congratulations Lindsey on this excellent result.
Attorneys: Ashley P. Withers, Kevin W. Crews, Lindsey Grossman
Naples Partners, Ashley Withers and Kevin Crews, and Naples Associate, Lindsey Grossman, obtained a complete defense verdict in a medical malpractice trial in Collier County, Florida.
They represented a hospital and an employed general surgeon in this matter, that involved allegations of a failed hernia surgery utilizing mesh. Plaintiff alleged multiple counts of negligence against our clients throughout her admission and surgery, and further claimed that this negligence ultimately resulted in her sustaining irreversible, catastrophic damage to her abdomen.
Most of Plaintiff’s claims were dropped or precluded by the Court as a result of extensive motion practice by the defense prior to trial, leaving only one remaining negligence claim to be tried. Plaintiff utilized their subsequent treating surgeon as their expert at trial, and Plaintiff’s counsel asked the jury for $2.5 million in closing arguments. The jury returned a complete defense verdict in just over an hour.
We represented a surgical center in this case, which involved a patient who treated with an outside physician and then agreed to have a spinal surgery performed at our surgery center upon the recommendation of her physician. The outside physician was not employed by or supervised by our surgery center. He was a third party who had surgical privileges at that location and also had a small ownership interest in the center.
Following Plaintiffs’ depositions, which were handled by Ms. Koford, Ms. Reiter prepared a Motion for Summary Judgment outlining the reasons the surgery center had no vicarious liability in this situation. Upon review of the motion, but before a hearing on the matter took place, Plaintiff’s counsel agreed to voluntarily dismiss the case against our client with prejudice.
Congratulations, Nichole and Alyssa. The client was very happy with this excellent outcome.