Lawlor Winston Attorney, Ben Murphey, Overturns Summary Judgment in Harlan Ginsberg v. Northwest Regional Medical Center
Ft. Lauderdale, FL – Attorney Ben Murphey successfully appealed and overturned a summary judgment entered in favor of the hospital defendant, Northwest Regional Medical Center. In this case, the plaintiff, Harlan Ginsberg, sued two uninsured urologists, their uninsured medical group and the hospital for medical malpractice that occurred during a routine kidney stone removal procedure that resulted in the loss of his kidney. Mr. Ginsberg sued the hospital under a theory of apparent agency, as he relied on the hospital to provide the surgeons to him and they were held out as agents or employees of the hospital.
Prior to surgery, hospital employees had Mr. Ginsberg sign a consent form while "he was in pain, did not have his glasses, and had taken pain medication, rendering him unable to understand the form." In a small typeset, the form stated that the hospital was not liable for the independent contractor physicians.
The hospital filed summary judgment for itself, claiming that it was not liable for the independent contractors. The consent form was submitted as evidence. The trial court agreed and summary judgment was granted in its favor.
The 4th District Court of Appeals reversed that ruling, found in favor of the Plaintiff, and remanded the case for further proceedings in the trial court. This opinion may have far-reaching consequences regarding the viability and use of informed consent forms.
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The law firm of Lawlor Winston provides the very best representation to their clients – ensuring they are represented to the highest and most effective levels, focusing on protecting the rights of individuals and families. Practice areas include Catastrophic Personal Injury including Wrongful Death, Auto Accidents, Premises Liability, Insurance Bad Faith Disputes, Professional Malpractice, Commercial Litigation, Maritime/Admiralty, Labor & Employment Disputes and ERISA Claims. The firm is headquartered at 2211 Davie Blvd, Ft. Lauderdale, FL 33312. They may be contacted at (954) 525-2345. Additional information about Lawlor Winston may be obtained from the Firm's website at www.LawlorWinston.com.
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