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In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 13-02
135 So. 3d 281
| Fla. | 2014
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Background

  • Florida Supreme Court considered proposed amendments to standard jury instruction 501.5 in civil cases.
  • Proposed addition creates a new paragraph 501.5(c) addressing subsequent injuries caused by medical treatment.
  • Proposal tied to doctrine from Stuart v. Hertz Corp. on treating negligence as part of the original harm and its consequences.
  • Committee published proposal in The Florida Bar News and received two comments.
  • Court authorized publication and use of 501.5 as amended, with new language in the appendix.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether 501.5(c) properly instructs on damages for medical-treatment injuries. Plaintiff argues the instruction should make defendants liable for treatment-caused damages. Defendant argues the court should not decide on correctness, only authorize publication. Authorized; instruction 501.5(c) may be used, no court ruling on correctness.

Key Cases Cited

  • Stuart v. Hertz Corp., 351 So.2d 703 (Fla. 1977) (treating physician's negligence may be part of original injury's consequences)
  • C. F. Hamblen, Inc. v. Owens, 172 So.694 (Fla. 1937) (note on aggravation of preexisting conditions)
  • Hart v. Stern, 824 So.2d 927 (Fla. 5th DCA 2002) (concurring cause discussion related to 501.5b)
  • Auster v. Gertrude & Philip Strax Breast Cancer Detection Institute, Inc., 649 So.2d 883 (Fla. 4th DCA 1995) (concerning concurrent or contributing causes in negligence)
  • Gross v. Lyons, 763 So.2d 276 (Fla. 2000) (addressed subsequent events for apportioning damages)
  • Pedro v. Baber, 83 So.3d 912 (Fla. 2d DCA 2012) (subsequent injuries and medical treatment contexts)
  • Tucker v. Korpita, 77 So.3d 716 (Fla. 4th DCA 2011) (discussion of medical treatment-related damages)
  • Nason v. Shafranski, 33 So.3d 117 (Fla. 4th DCA 2010) (additional authority on medical treatment injury issues)
  • Dungan v. Ford, 632 So.2d 159 (Fla. 1st DCA 1994) (illustrates limitations on subsequent injury theories)
Read the full case

Case Details

Case Name: In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 13-02
Court Name: Supreme Court of Florida
Date Published: Mar 20, 2014
Citation: 135 So. 3d 281
Docket Number: SC13-1669
Court Abbreviation: Fla.