A Florida court recently ruled on a significant case involving negligence claims against the Sarasota County Public Hospital District, which operates Sarasota Memorial Hospital. The court's decision affects how negligence claims are handled in medical malpractice cases, particularly regarding the presuit requirements that plaintiffs must meet. This ruling could have broader implications for patients and healthcare providers across the state.
The case centers around Janet Everman, who filed a lawsuit after the death of her husband, Joseph Everman, following surgery at Sarasota Memorial Hospital. The court's decision, filed on July 8, 2026, under docket number 2D2024-2678, addresses the legal responsibilities of medical providers and their administrative staff in negligence claims.
Background
Janet Everman is the personal representative of her late husband's estate. Joseph Everman underwent back surgery at Sarasota Memorial Hospital, performed by Dr. Ashvin Patel, an employee of Kennedy, White & Riggs Orthopedic Associates. Although the surgery initially went well, complications arose shortly after Mr. Everman was transferred to the hospital's Inpatient Rehabilitation Center.
Two days post-surgery, Mr. Everman experienced severe pain and complications with his abdominal incision. The nursing staff contacted Kennedy White for assistance, but the communication system in place failed to convey the urgency of Mr. Everman's condition. This miscommunication ultimately led to Mr. Everman's death from septic shock.
In her lawsuit, Janet Everman alleged that Kennedy White's nonmedical staff was negligent in managing their answering service, which failed to relay critical information about her husband's condition to the on-call physician. The hospital's answering service, Callstar, was operated by nonmedical personnel who were not trained to handle medical emergencies.
The Ruling
The District Court of Appeal of Florida ruled on the appeal brought forth by Janet Everman. The court affirmed the final judgment in favor of Dr. Ngoc-Lam Nguyen and Lam Nguyen, M.D., P.A., but reversed the dismissal of two counts of negligence against Kennedy White. The court found that the trial court had erred in dismissing these counts based on the presuit requirements of Florida's Medical Malpractice Act.
The court ruled, "Because both claims arise from ordinary negligence, the presuit requirements of section 766.104 do not apply."
This ruling clarifies that allegations concerning the actions of administrative staff, such as those made against Kennedy White, do not automatically fall under medical malpractice claims. The court emphasized that the claims were based on ordinary negligence, which does not require the same presuit notice as medical malpractice claims.
Impact
The court's decision has significant implications for how negligence claims are processed in Florida. By distinguishing between medical malpractice and ordinary negligence, the ruling allows plaintiffs to bypass certain procedural hurdles that can complicate or delay justice in cases where administrative errors lead to severe consequences.
This ruling may encourage more individuals to pursue claims against healthcare providers when they believe negligence has occurred, particularly in cases where administrative staff play a role in patient care. It sets a precedent that actions taken by nonmedical personnel in medical settings can be subject to ordinary negligence claims, potentially broadening the scope of accountability for healthcare providers.