Cantore v. West Boca Medical Center, Inc.
In a medical malpractice case arising from a child's brain herniation during a delayed hospital transfer, the Florida Supreme Court quashed the Fourth District's decision and held that the subsequent treating neurosurgeon's deposition testimony about how he would have treated the child had she arrived earlier was irrelevant and inadmissible under Saunders v. Dickens. The Court also held the error was not harmless, and separately held that directed verdict on Good Samaritan Act immunity was error because conflicting evidence existed on whether the patient was receiving 'emergency services.'
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Key facts
- A child suffered brain herniation during a delayed hospital transfer from West Boca Medical Center; the parents sued for medical malpractice alleging negligent delay in transferring the patient to a facility with neurosurgical capabilities.
- The trial court admitted deposition testimony from a subsequent treating neurosurgeon stating he would have treated the child the same way had she arrived earlier; the jury returned a verdict for the defendants, and the Fourth District affirmed.
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Why it matters
This decision significantly broadens the practical reach of Saunders v. Dickens by rejecting attempts to distinguish it based on the subsequent physician's neutrality, non-defendant status, or 'hybrid' expert role — the… — full analysis with a trial
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