Hospital and Outpatient Facilities

Wicker Smith represents over 85 hospitals and countless healthcare providers. Our medical malpractice team has a long-standing reputation for aggressively defending healthcare-related clients in a wide range of medical malpractice claims that include catastrophic injury, wrongful death, infant death, brain injuries, amputations, spinal cord injuries, and surgical and nursing issues. Our extensive experience representing myriad medical facilities and medical professionals provides us with depth and knowledge in numerous areas of the medical field. In addition to an experienced collection of attorneys, the firm also employs a team of in-house nurses to assist in the medical evaluation and investigation of our medical malpractice cases. When necessary, Wicker Smith has retained top medical specialists from some of the most respected hospitals and universities to consult and testify for our clients.

Avoiding a Nuclear Verdict in South Florida

Attorneys: Adam W. Rhys, Amanda Ritucci

We represented the hospital in this admitted liability case involving a medication error during the resuscitation of an infant, allegedly resulting in HIE and brain damage. Plaintiff’s life care expert presented a life care plan in excess of $32 million, and Plaintiff’s counsel asked for $72.5 million in closing arguments. The jury ultimately awarded $158,000, which triggered an award for attorneys’ fees pursuant to a previously rejected proposal for settlement.

Successful Bench Trial Result in a Heel Ulceration Case

Attorneys: Robert E. Paradela, Renee L. Brant, Courtney R. Maras

The subject case of this bench trial involved allegations of medical negligence resulting in the patient developing a left heel ulceration. The case was a survival action wherein we were able to dismantle the claims of pain and suffering via summary judgment. Additionally, we were able to reduce the associated medical expenses to $142.

$39 Million Defense Verdict for Hospital in Rural Florida

Attorneys: Richards "Dick" Ford, Patrick L. Mixson

This was a medical malpractice case arising from an alleged perforation of the small intestine during laparoscopic surgery performed by a co-defendant gynecological surgeon. The Plaintiff claimed that the nurses of our client hospital negligently failed to recognize signs and symptoms of a bowel perforation when the patient presented to the hospital on the three consecutive days following the surgery. The Plaintiff claimed that she developed sepsis and other complications, requiring a bowel resection and many subsequent surgeries due to failure of an anastomosis after the bowel resection procedure. Plaintiff’s counsel asked the jury for $39 million at trial, but the jury found no negligence and returned a complete defense verdict.

Case Dismissed: Pinellas County, Florida (Medical Malpractice)

Attorneys: Nichole M. Koford, Alyssa Reiter
Tampa partner, Nichole Koford, and Fort Lauderdale partner, Alyssa Reiter, successfully obtained a voluntarily dismissal with prejudice on behalf of our client in a medical malpractice case in Pinellas County, Florida, in October. We represented a surgical center in this case, which involved a patient who treated with an outside physician and then agreed to have a spinal surgery performed at our surgery center upon the recommendation of her physician. The outside physician was not employed by or supervised by our surgery center. He was a third party who had surgical privileges at that location and also had a small ownership interest in the center. Following Plaintiffs’ depositions, which were handled by Ms. Koford, Ms. Reiter prepared a Motion for Summary Judgment outlining the reasons the surgery center had no vicarious liability in this situation. Upon review of the motion, but before a hearing on the matter took place, Plaintiff’s counsel agreed to voluntarily dismiss the case against our client with prejudice. Congratulations, Nichole and Alyssa. The client was very happy with this excellent outcome.

Defense Verdict: Collier County, Florida (Medical Malpractice)

Attorneys: Ashley P. Withers, Kevin W. Crews, Lindsey Grossman
Naples Partners, Ashley Withers and Kevin Crews, and Naples Associate, Lindsey Grossman, obtained a complete defense verdict in a medical malpractice trial in Collier County, Florida. They represented a hospital and an employed general surgeon in this matter, that involved allegations of a failed hernia surgery utilizing mesh. Plaintiff alleged multiple counts of negligence against our clients throughout her admission and surgery, and further claimed that this negligence ultimately resulted in her sustaining irreversible, catastrophic damage to her abdomen. Most of Plaintiff’s claims were dropped or precluded by the Court as a result of extensive motion practice by the defense prior to trial, leaving only one remaining negligence claim to be tried. Plaintiff utilized their subsequent treating surgeon as their expert at trial, and Plaintiff’s counsel asked the jury for $2.5 million in closing arguments. The jury returned a complete defense verdict in just over an hour.
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