Burns White attorneys Mark Hartig, Kyleen Hinkle, and Albert Rodriguez obtained summary judgment on behalf of a Medical Group with multiple clinics alleging they failed to properly supervise a physician who was accused and then convicted of sexually assaulting multiple patients.
Claimant filed suit against the clinic for common law negligent hiring, retention, and supervision of the physician and negligent training and supervision of the clinic’s staff alleging they were not appropriately trained to prevent the assaults.
Defense argued that although the plaintiff made allegations of only common law negligence claims, the accusations against the clinic appeared to be claims for medical malpractice. As a result, the claimant would have been required to pre-suit the matter under Florida Statute § 766. This would have allowed the claimant to avoid the shorter statute of limitations and statutory caps.
Plaintiff alleged professional standard of care violation during a medical examination, requiring expert testimony. The Court granted the defendant’s motion for final summary judgment dismissing the claims.