Tarpon Springs Hosp. Found., Inc. v. Reth (Summary)

NEGLIGENCE/MALPRACTICE

Tarpon Springs Hosp. Found., Inc. v. Reth, Nos. 2D09-2364, 2D09-2474 (Fla. Dist. Ct. App. July 9, 2010)

The estate of a patient who died shortly after surgery sued a hospital, an anesthesiologist and nurse anesthetists, alleging that anesthesia was negligently administered and that the hospital was liable for the negligence of the nurse anesthetists under Florida statutes and regulations that require hospitals to have anesthesia departments and to have adequate numbers of qualified anesthesia personnel.

On appeal, after the trial court granted plaintiff’s motion for a new trial following a jury verdict for the defendants, the Florida Court of Appeals agreed with the hospital’s argument that the Florida statutes and regulations relied on by the plaintiff do not impose on hospitals a nondelegable duty to provide nonnegligent anesthesia services. The appellate court concluded that the trial court should have entered a directed verdict for the hospital. It sent the case back to the lower court with orders that it enter judgment for the hospital.