Bryant v. Adventist Health Systems Sunbelt, Inc.

869 So. 2d 681, 19 A.L.R. 6th 875, 2004 Fla. App. LEXIS 4330, 2004 WL 689886
CourtDistrict Court of Appeal of Florida
DecidedApril 2, 2004
Docket5D03-2450
StatusPublished
Cited by1 cases

This text of 869 So. 2d 681 (Bryant v. Adventist Health Systems Sunbelt, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant v. Adventist Health Systems Sunbelt, Inc., 869 So. 2d 681, 19 A.L.R. 6th 875, 2004 Fla. App. LEXIS 4330, 2004 WL 689886 (Fla. Ct. App. 2004).

Opinion

869 So.2d 681 (2004)

Isaac BRYANT, Appellant,
v.
ADVENTIST HEALTH SYSTEMS SUNBELT, INC., et al., Appellees.

No. 5D03-2450.

District Court of Appeal of Florida, Fifth District.

April 2, 2004.

Mark V. Morsch, Mark V. Morsch and Associates, P.A., Winter Park, for Appellant.

Michael A. Estes and Christopher C. Curry of Hannah, Estes & Ingram, P.A., Orlando, for Appellees.

PLEUS, J.

Bryant appeals final orders dismissing three defendants from his second amended complaint for medical malpractice on statute of limitations grounds. He argues that the lower court erred in dismissing the defendants because he alleged that they concealed their negligence and intentionally misrepresented that no complications occurred during surgery. We agree that these allegations were sufficiently plead and, if proven, would toll the statute of limitations. Accordingly, we quash the dismissal orders.

While in the custody of the Department of Corrections ("DOC"), Bryant underwent surgery on September 11, 1996 to repair a torn rotator cuff in his left shoulder. On December 11, 1998, Bryant sued his surgeon, the surgeon's professional association and DOC for medical malpractice. Bryant alleged that his surgeon negligently performed the surgery, injuring his brachial plexus, thereby causing permanent injury. He alleged vicarious liability against the other parties.

Bryant deposed the surgeon on July 28, 2000. The surgeon testified that during the surgery, Bryant's head fell off its support at least once. Based on this new information, Bryant filed a motion to amend complaint on November 2, 2001. The first amended complaint was deemed *682 filed on October 8, 2002.[1] It added, among others, the defendants in this appeal-nurse D. Hayes, medical technician T. Lake and their employer Adventist Health Systems Sunbelt, Inc. d/b/a Florida Hospital East Orlando (referred to collectively as the instant defendants). It alleged that Hayes and Lake negligently allowed Bryant's head to fall off its support during surgery causing his injuries. It further alleged that:

None of the medical records in this case from any of these Defendants contained an entry or mention of the fact that ISAAC BRYANT's head fell off the table and/or out of the head frame on one or more occasions during the surgery on September 11, 1996. Plaintiff ISAAC BRYANT learned of these intraoperative events when his attorney took the deposition of [the surgeon] on July 28, 2000.

The hospital filed a motion to dismiss based on the statute of limitations and the lower court granted the motion without prejudice to refile a second amended complaint.

Bryant filed a second amended complaint, which is the subject of this appeal, on February 14, 2003. In addition to repeating the aforementioned allegations, the second amended complaint also alleged the following:

57. All of the defendants named in this medical malpractice complaint, ... owed a duty to the Plaintiffs to have written in, recorded and/or otherwise reported and documented in the medical records of ISAAC J. BRYANT in relation to the Plaintiff's rotator cuff repair surgery at Florida Hospital East on September 11, 1996 that during the aforementioned surgery, while ISAAC J. BRYANT was unconscious by effect of the anesthesia and paralyzed by other medication, that ISAAC J. BRYANT's head fell off of the table and/or out of the head frame on one or more occasions during said surgery.
58. None of the Defendants in this medical malpractice complaint and itemized in paragraph 57 above wrote down, recorded, documented or otherwise reported in any of the medical records that ISAAC J. BRYANT's head fell off of the table or out of the head frame on one or more occasions during this aforementioned surgery and violated their duty of documentation owed to the Plaintiffs.
59. Furthermore, the Defendants named in this medical malpractice complaint and itemized in paragraph 57 above affirmatively recorded in the medical records regarding and pertaining to the rotator cuff repair surgery the subject of this action that there were no complications or untoward events that occurred during the subject surgery, thereby affirmatively leading the Plaintiffs and their representatives to believe that there were no complications or other untoward events that occurred intra-operatively during the surgery the subject of this action.
60. As a direct consequence of the failure of this duty of disclosure by these Defendants, and as a direct consequence of the fact that the *683 medical records prepared by these Defendants affirmatively documented the lack of intra-operative complications or other untoward events, these Defendants have concealed the actual events that occurred during the surgery the subject of this action, including the fact that ISAAC J. BRYANT's head fell off of the table and/or out of the head frame on one or more occasions during the surgery the subject of this action, and have further intentionally misrepresented the true course of events that occurred during the surgery the subject of this action, including the fact that ISAAC J. BRYANT's head fell off of the table and/or out of the frame on one or more occasions during the subject surgery and the Plaintiffs have been otherwise damaged thereby.

The instant defendants filed motions to dismiss based on the statute of limitations. Without a hearing, the lower court dismissed Bryant's claims against each of these defendants for the following reason:

When the Plaintiff filed the original, complaint in this action, Plaintiff was obviously on notice of his injury as well as being on notice that the injury was the result of malpractice. That notice was sufficient to trigger the statute of limitations. Hazen v. Kaplan, M.D., 734 So.2d 441 (Fla. 5th DCA 1999).

Standard of Review

The standard of review of an order dismissing a complaint is de novo. Randles v. Moore, 780 So.2d 158, 159 (Fla. 2d DCA 2001). Examination must be limited to the four corners of the complaint. Id. The appellate court is "obligated to consider the allegations in the complaint as true and in the light most favorable to the pleader." Florida Farm Bureau General Ins. Co. v. Ins. Co. of North America, 763 So.2d 429, 433 (Fla. 5th DCA 2000).

Merits

Bryant argues that the trial court erred in dismissing the claims against these defendants because it ignored the fact that the second amended complaint alleged that they concealed the incidents giving rise to the claims against them and affirmatively misrepresented that no complications occurred during surgery.

The medical malpractice statute of limitations, section 95.11(4)(b), Florida Statutes (1996) states, in pertinent part:

An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued....

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Todd v. Johnson
965 So. 2d 255 (District Court of Appeal of Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
869 So. 2d 681, 19 A.L.R. 6th 875, 2004 Fla. App. LEXIS 4330, 2004 WL 689886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-adventist-health-systems-sunbelt-inc-fladistctapp-2004.