Supreme Court of Florida

Alexis Cantore v. West Boca Medical Center, Inc.

August 30, 2018

Summary

The court held that deposition testimony from a subsequent treating physician about how he would have treated the patient under earlier-arrival hypotheticals was irrelevant and inadmissible because it improperly addressed causation through the physician's individual treatment decisions rather than the applicable professional standard of care. The admission was not harmless because the defendants used the testimony to shift the causation burden and the jury repeatedly sought to review it. The court quashed the district court's decision, reversed the judgment for the defendants, and remanded for a new trial.