Barber v. Manatee Memorial Hospital, Limited Partnership
An unconscious ICU patient treated for a drug overdose awoke with unexplained bilateral hip fractures; the trial court granted summary judgment for the hospital because there was no direct evidence of a negligent act. The Second District reversed, holding Barber satisfied the prerequisites for res ipsa loquitur — injuries unrelated to treatment, exclusive control, and injuries that do not ordinarily occur absent negligence — and that the resulting inference creates a genuine dispute of material fact defeating summary judgment. The court also held the hospital's failure to investigate the cause of the injuries was relevant and admissible (with a limiting instruction) to show the absence of evidence about causation.
Key facts
- An unconscious ICU patient admitted for a drug overdose awoke with bilateral hip fractures unrelated to his medical treatment or condition.
- The trial court granted summary judgment for the hospital, finding the patient failed to present direct evidence of a specific negligent act.
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Why it matters
This is one of the clearest recent Florida opinions rehabilitating res ipsa loquitur in medical negligence cases involving unconscious patients with unexplained injuries, and it expressly rejects the common defense… — full analysis with a trial
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