Ginsberg v. Northwest Medical Center

Our client sued a doctor, the doctor’s employer, and the hospital when he lost a kidney during a stone removal procedure. The trial court granted summary final judgment for the hospital on the client’s agency claims because of documents the client signed when he was in excruciating pain and on pain medicine. The forms stated in small print the hospital was not responsible for the doctor, even though the facts suggested the doctor was acting for the hospital. The trial court also improperly relied on unauthenticated documents when it entered the judgment. The Fourth District Court of Appeal reversed the trial court’s ruling. This case should have far-reaching consequences regarding hospitals that try to avoid liability for the doctors who practice in them. 14 So. 3d 1250 (Fla. 4th DCA 2009).

Our client sued a doctor, the doctor’s employer, and the hospital when he lost a kidney during a stone removal procedure. The trial court granted summary final judgment for the hospital on …

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