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Verdicts

By ALM Staff | Law Journal Newsletters |
December 21, 2007

Legal Terms of Art Are Not the Issue

A Florida trial court was correct in finding that the State's 'Good Samaritan' statute applied to this case in which a doctor rendered emergency treatment to a man and woman who had been involved in a motorcycle accident; however, it erred in directing a verdict for the defendant, as there was adequate evidence from which a jury could have found negligence on the part of the doctor. Christensen v. Cooper, '- So.2d ”, 2007 WL 3390891 (Fla.App. 5 Dist. 11/16/07).

In 1998, Corina Christensen and her husband were riding on a motorcycle when they collided with a car. They were transported by ambulance to Cape Canaveral Hospital, where the attending emergency room physician was Dr. Everett C. Cooper. Mr. Christensen arrived at the hospital at approximately 11:00 p.m., but was not taken into surgery until 2:15 a.m. During surgery, it was discovered that Mr. Christensen had major internal injuries. He died the following day. Corina Christensen sued Dr. Cooper (among others), claiming that he failed to recognize the severity of Mr. Christensen's internal injuries and emergent need for surgery, and failed to call for surgical evaluation in a timely manner.

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