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