Professional Negligence Law Reporter

Maria Elena Fernandez, 71, fell and fractured her ankle. She went to a hospital, where she met with orthopedist Charles Jordan, who ordered heparin to address Fernandez’s risk for deep vein thrombosis and a compression boot. Three days later, Jordan sent Fernandez to St. Anne’s Nursing Care & Residence with orders that she receive anticoagulants. Despite this, Fernandez did not receive anticoagulant medication at St. Anne’s. Nine days later, she returned to Jordan, complaining of increased swelling. The physician recasted Fernandez and decided not to perform surgery; however, Fernandez’s condition deteriorated at the facility over the next week. Jordan then ordered a chest X-ray and a consultation with an infectious disease doctor.

Fernandez continued to decline, suffering shortness of breath and pneumonia. Francisco Cruz, the attending internist at St. Anne’s, ordered Robitussin. That day, Fernandez suffered a saddle pulmonary embolism and died. She is survived by her husband and her two adult children.

Fernandez’s estate sued Jordan, his employer, and Cruz, alleging failure to administer anticoagulants to Fernandez. The plaintiff argued that Jordan had negligently sent Fernandez back to the rehabilitation facility without anticoagulants and failed to follow up on why she had not been receiving the medication while at the facility. Suit also claimed that Cruz had failed to address Fernandez’s worsening condition.

Cruz settled before trial for an undisclosed amount. The jury awarded $30 million, apportioning liability at 95% to Cruz and 5% to Jordan.

Citation: Fernandez v. Baptist Health Med. Grp. Orthopedics, LLC, No. 18-013104 CA 21 (Fla. Cir. Ct. Miami-Dade Cty. June 2020).

Plaintiff counsel: Gary A. Friedman, Zachary Friedman, and John Seligman, all of Miami.