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HomeMy WebLinkAbout0560 6. At all timea material hereto, the Defendant Hospital owed a duty to the decedent to use that degree of knowledqe, skill and care which is qenerally used in similar cases and cir~umstances ~ by hospitals in comn?unities havinq similar standards and available facilities. Th~ Defendant Hospital was also responsible for super- visinq fts agents, servants, or employees. 7. At all times material hereto, the Defendant, JOHN J. WILSON, M.D., owed a duty to the Plaintiff's decedent to use that degree of knowledge, skill and care which is generally used in ~ similar cases and circumstances by similar physicians in communitfes havinq similar medical standards and available facilities. ~ 8. That the Plaintiff has complied with the provisions of Florida Statute 768.44 by first proceedinq to a Medical Liability Mediation Panel, said panel having rendered its decision finding ~ that there was actionable negligence in the care and treatment of the decedent by the Defendant Hospital, and the said findinq of the Defendant, JOHN J. WILSON, M.D., is attached to this Gomplaint as ~ Exhiblt "A". 9. The acts of negligence by the Defendant Hospital and JOHN J. WILSON, M.D., occurred on or about June 25, 1976, up until July 14, 1976; when the decedent presented herself at the emergency room at Fort Pierce Memorial Hospital on five-sepax~ate occasions; where the decedent displayed symptoms of severe head pain and acute metabolic encephalopathy, and/or other serious illness; arid where - on July 8, 1976, she was~diagnosed by Dr. Emanuel Winocur, a psychiatrist at the Indian River :Mental Iiealth Center, 800 Avenue "H", Fort Pierce, Florida, as having acute toxic metabolic encephalopathy requiring i~ediate hospitalization, and where, despite the existence - of such symptoms and the above-mentioned diagnosis and recommendation, the Defendant Hospital and JOHN J. WILSON,~ M.D., did not recommend and procure the ac'~nission of the decedent, BETTY JEAN PRIDE, into. Fort Pierce Memorial Hospital until she was admitted on July 12, 1976. _ eaac z87 ~7 -2- . - ~ ~ _ . ' ` ~y=-