Florida Appellate Court Grants Hospital Petition and Rules Transfer Suit as a Medical Malpractice Case

ORLANDO – JUNE 16, 2020 – Wicker Smith O’Hara McCoy & Ford P.A.’s Michael D’Lugo, a partner in the Orlando office, recently represented a hospital where a patient, who required intensive care, was admitted into the Emergency Room where she later passed away after not being treated for seven hours. Initially, trial court denied a motion to dismiss, finding the claim was for corporate malfeasance not medical malpractice. A Florida District Court of Appeal then granted the hospital’s petition, finding the claim did in fact involve medical malpractice and quashed the trial court’s order denying the motion to dismiss. For full details, please read Law 360’s article case.

“This lawsuit has been a hard-fought battle over several years. We feel the Fifth District Court of Appeal correctly applied the law of Florida to the facts alleged in the Plaintiff’s complaints, and arrived at the proper result.” said Michael D’Lugo, lead case attorney and partner of the firm’s Orlando office.