A state appeals court has ruled that the University of Miami enjoys immunity in a medical malpractice lawsuit filed against the institution. The lawsuit stemmed from the alleged malpractice of a physician who is an employee of the university.
The plaintiff in the lawsuit is Morela Lazzari who suffered the alleged malpractice back in 2013. According to the lawsuit filed by the plaintiff, Lazzari received treatment from Thomas Salerno. At the time of the treatment, Salerno was provided medical care at the Jackson Memorial Hospital, which is a public hospital. Salerno is also a faculty member at the Miller School of Medicine at the university.
During Lazzari’s treatment, the medical malpractice lawsuit alleges, Salerno failed to provide anti-coagulants. This negligence resulted in disabilities for the patient. The lawsuit filed by Lazzari nominated the University of Miami, Jackson Memorial Hospital, and Salerno as defendants in the case.
In response to the lawsuit, the legal counsel for the university argued that the university was shielded from the lawsuit as per the relevant laws. In arguing this, the counsel cited the agreement between the Jackson hospital and the university as well as a specific section of the state law.
Based on these arguments, the 3rd District Court of Appeal judges have now decided in favor of the university. The panel of judges accepted the sovereign immunity defense presented by the university. The panel also ruled that Salerno was working as a statutory agent of the Jackson Memorial Hospital when the incident occurred.
It remains to be seen if the plaintiff will further pursue litigation against the university after this verdict. In any case, it is likely that the lawsuit will continue to proceed against the other two defendants. Other details surrounding the actual medical malpractice incident which is at the root of the lawsuit are not available for now.
If you’ve been the victim of medical negligence, contact a Florida medical malpractice attorney for help right away.
Source: https://miami.cbslocal.com/2020/10/28/state-appeals-court-university-of-miami-shielded-from-medical-malpractice-lawsuit/
