PROFESSIONAL NEGLIGENCE Ms.

Pemberton also asserts that the physicians were negligent in rendering their opinions concerning the risks of vaginal birth and that the hospital was negligent in admitting these physicians to its medical staff and relying on their

The physicians were not negligent. The hospital was not negligent.

Id. at 105 (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.

See Estelle, 429 U.S. at 106 (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.

“A ‘complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.’”

A complaint that a physician has been negligent “in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.”

“A ‘complaint that a physician has been negligent in diagnosing or treating a Case No. 1:25cv17-AW-MAF Page 8 of 13 medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.’”

The plaintiff is a former patient of the defendant doctor. The plaintiff intends to pursue a medical-negligence action against the doctor.

In January 2025, Plaintiff filed case number 4:25cv09-MW-MAF, attempting to bring claims against the Hospital and numerous nurses, physicians, and staff.

She asserted claims of gross negligence, medical malpractice, intentional infliction of emotional distress, a conspiracy to commit fraud, and alleged violations of her “federally protected 1 In addition to this case, Plaintiff

Brocard, 546 So.2d 1, 2-3 (Fla. 4th DCA 1988) (OSHA does not provide a basis for a private right of action and violations of it do not constitute negligence per se).

Furthermore, the uncon-troverted testimony of plaintiffs physician in this case was that FDA approval status of pedicle bone screws was not material to his decision whether or not to use them.

indicates that Henson is advancing a single claim of medical malpractice, viz, the allegedly negligent failure to timely diagnose and treat her breast cancer “by United States of America or Eglin Air Force Base employee [sic ] Doctors

To prevail in a medical negligence action under Florida law, “a plaintiff must identify the standard of care owed by the physician, produce evidence that the physician breached the duty to render medical care in accordance with the

(Hi) Failure to Follow-up And lastly, Henson argues that the physicians at FPC were negligent in not verifying that she underwent the ultrasound and/or not following up to see if she still had breast complaints.

Plaintiff is suing the HCA Hospital, and numerous nurses, physicians, and other employees of the Hospital. ECF No. 6.

Plaintiff “brings this action for violations of her constitutional rights, gross negligence, medical malpractice, and intentional infliction of emotional distress arising from events that occurred during her visit to HCA Capital

Finally, to demonstrate proximate cause, the plaintiff must show “that what was done or failed to be done probably would have affected the outcome” or “that the injury more likely than not resulted from the defendant’s negligence.”

Although plaintiffs assert in their complaint that all medical staff responsible for Michelle’s care were negligent, they do not mention any particular nurses or hospital staff by name except for the physicians. 32 Similarly, no

evidence at trial singled out a specific non-practitioner for negligent conduct.

that a stroke is a serious medical need.3 Turning to the remaining elements, Plaintiff must show the Defendants had subjective knowledge of a risk of serious harm, but disregarded that risk with conduct that was “more than mere negligence

.” 3 In the Eleventh Circuit, “a serious medical need is considered ‘one that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor