The Florida Supreme Court has rejected a public hospital’s appeal of a $2 million malpractice verdict in the death of an infant.
Justice Jorge Labarga wrote in the unanimous opinion that the Public Health Trust of Miami-Dade County was trying to use a “gotcha” tactic.
The trust argued the verdict in favor of the baby’s mother, Odette Acanda, and father, Alexis Rodriguez, should be thrown out on a technical error.
The couple failed to also serve process on the state Department of Financial Services as required for claims against government agencies.
Labarga wrote that failure had no effect on the verdict. He then quoted from a 1970 high court ruling that cases should not be decided by “surprise, trickery, bluff and legal gymnastics.”
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