Attorneys for the estate of a South Florida woman who died during surgery have filed a notice of appeal to the Florida Supreme Court after a divided appellate court decision favored a defendant anesthesiologist.
The 3rd District Court of Appeal last month in a 2-1 ruling upheld a directed verdict for the defendant by the Miami-Dade County circuit judge. Although plaintiff attorney’s notice did not give any detailed information about the arguments that would be made before the state high court, the case originated with the 2009 death of a 45-year-old woman, who was undergoing a surgical procedure to remove a non-aggressive brain tumor.
According to court records, defendant anesthesiologist conducted an evaluation of decedent prior to the surgery. She later died during the operation due to what the majority appellate panel found was an extreme loss of blood. However, the dissenting opinion agreed with plaintiff that anesthesiologist erred in reading an electrocardiogram (EKG) prior to administering anesthesia. An EKG is a test that measures the heart’s electrical activities. While the majority justices found the doctor had acted properly, noting another anesthesiologist also conducted an evaluation prior to surgery, the dissenting justice sided with plaintiff in finding the results of that EKG were abnormal and should have been a red flag that there would be issues in surgery. That puts plaintiffs in a stronger position for the upcoming appeal. Continue reading