The Florida Supreme Court will hear oral arguments in a medical malpractice appeal filed by the estate of Maria Elena Espinosa. Espinosa died while undergoing surgery for a tumor in her skull. The lawsuit names two anesthesiologists and two surgeons as defendants. The plaintiff alleges that anesthesiologist Dr. Arturo Lorenzo did not properly evaluate Espinosa’s EKG results or the abnormal level of protein in her urine. While the Florida Third District of Appeal ruled that Dr. Lorenzo acted properly, the 9/17/17 Florida Supreme Court initial brief argues “Either one of these findings should have been, yet both were not, communicated to the surgeons. Had they been so communicated, the surgery would not have occurred. Thus, Dr. Lorenzo’s actions were a proximate cause of Mrs. Espinosa’s death.” ROLANDO P. RUIZ, ETC. vs. TENET HEALTH SYSTEM, INC., ET AL. (SC17-1562), also states:
MARIA ELENA ESPINOSA bled to death during surgery. (App. 2). Her husband, ROLANDO P. RUIZ, as the Personal Representative of her Estate (Petitioner), filed suit against, inter alia, two anesthesiologists, Dr. Lorenzo (Defendant/Respondent) and Dr. Velazquez, and the surgeons, Dr. Yates and Dr. Albanes. (App. 2). The other anesthesiologist, Dr. Velazquez, settled with Plaintiff before trial. (App. 2). Dr. Lorenzo was one of two anesthesiologists who conducted and signed Espinosa’s pre-anesthesia evaluation. (App. 2; 5). Dr. Lorenzo cleared Ms. Espinosa for surgery notwithstanding two abnormal conditions. First, as Dr. Lorenzo noted, her EKG was abnormal. (App. 3). Second, Dr. Lorenzo missed the abnormal protein level in Ms. Espinosa’s urine because he only reviewed the first page of three pages of lab results. (App. 3).
Dr. Lorenzo conceded that if he had noticed the abnormal protein level he would have told Dr. Yates (the surgeon) that Yates needed to “find out” why Espinosa was “spilling protein.” (App. 3). Petitioner supported his theory of liability against Dr. Lorenzo with two (2) expert anesthesiologists…
The Court will hear oral argument at 9:00 a.m., Wednesday, August 29, 2018.
Anesthesiology medical experts are called upon to analyze the medical standard of care in malpractice cases such as this. When these experts testify, they rely on specialized training as well as years in practice administering and managing anesthesia during surgical procedures. Hiring the most qualified expert to provide unbiased testimony before the court is crucial. Contact ELITE Medical Experts to be connected with a medical expert who will provide a thorough analysis of duty, breach, harm, and causation given the fact pattern in your case.