Florida Hospital Fall Suit Shut Down on Procedural Grounds

A Florida hospital defeated a lawsuit alleging its nurses’ negligence caused a patient’s fall, as a state appeals court determined the suit was subject to special medical negligence pleading rules that weren’t satisfied.

Vincent Gorham’s failure to file a presuit notice containing an expert witness’ opinion about the merits of the suit against Martin Memorial Health Systems Inc. was fatal to his claim, the Florida District Court of Appeal, Fourth District, said.

The trial court erroneously allowed the case to move forward in light of the compliance failure, the appeals court said.

When Eileen Gorham’s family took her to Martin ...