Chaskes v. Gutierrez
116 So. 3d 479
| Fla. Dist. Ct. App. | 2013Background
- Gutierrez sued Dr. Chaskes, Nurse Saint-Eloi, and Vohra Health for negligent bedsore treatment of Jaquez at Miami Gardens after Memorial West discharge.
- Jaquez developed a stage IV sacral pressure ulcer at Memorial West, worsened by the time of transfer to Miami Gardens on May 23, 2008.
- Treatment at Miami Gardens included debridement and wound care; defendants advised ongoing wound care and later performed additional debridements.
- The jury allocated fault 65% to Dr. Chaskes, 25% to Nurse Saint-Eloi, 0% to Gutierrez, 10% to Fabre defendant Miami Gardens Nursing Center; verdict totaled $350,000, with post-trial adjustments.
- Trial court denied post-trial motions; plaintiffs sought relief but the trial court entered final judgments against defendants for damages and fees.
- The appellate court reversed, concluding Gutierrez failed to satisfy Gooding causation standards for either defendant and remanded for judgments in favor of Chaskes, Saint-Eloi, and Vohra Health, while vacating fee awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff showed proximate causation against Chaskes under Gooding | Gutierrez argues Chaskes breached standard and caused injury; expert linked breach to infection and progression. | Chaskes contends there is no proof the breach more likely than not caused injury given alternative progressions. | Directed verdict for Chaskes warranted; no proximate causation proven. |
| Whether plaintiff showed proximate causation against Saint-Eloi under Gooding | Gutierrez argues Saint-Eloi’s debridement and post-debridement care breached standard and caused harm. | Saint-Eloi contends expert testimony fails causation linkage; supervision by Chaskes defeats independent causation. | Directed verdict for Saint-Eloi warranted; no proximately caused injury shown. |
| Whether Memorial West should remain a Fabre defendant | Gutierrez posits Memorial West contributed to care continuum and should be liable as a Fabre defendant. | Defendants argued Memorial West not properly liable or should be dismissed as Fabre defendant. | Remand decision addressed but court ultimately reverses with judgment in favor of Chaskes, Saint-Eloi, and Vohra Health; Fabre considerations deemed unnecessary for final disposition. |
Key Cases Cited
- Gooding v. Univ. Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984) (elements of medical malpractice and need for causation proof)
- Beisel v. Lazenby, 444 So.2d 953 (Fla. 1984) (more-than-possibility standard for causation in medical malpractice)
- Cox v. St. Josephs Hosp., 71 So.3d 795 (Fla. 2011) (no better than even chance for causation terminates the claim)
- Mount Sinai Med. Ctr. of Greater Miami, Inc. v. Gonzalez, 98 So.3d 1198 (Fla. 3d DCA 2012) (mere possibility of causation is insufficient; requires more likely than not)
- Jackson Cnty. Hosp. Corp. v. Aldrich, 835 So.2d 318 (Fla. 1st DCA 2002) (more-likely-than-not standard satisfied when >50% chance of avoiding injury)
- Nash v. Wells Fargo Guard Servs., Inc., 678 So.2d 1262 (Fla. 1996) (continuum-of-care damages; Fabre considerations)
- Packaging Corp. of Am. v. DeRycke, 49 So.3d 286 (Fla. 2d DCA 2010) (preservation of appellate discretion in damages rulings)
- Wroy v. N. Miami Med. Ctr., Ltd., 937 So.2d 1118 (Fla. 3d DCA 2006) (no remand for causation where no evidentiary link shown)