Miscellaneous

  IN THE CIRCUIT COURT IN AND FOR THE 11TH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.: 04-18054 CA 11

LESTER CARTAYA, as Personal
Representative of the Estate of
FRANCISCO MARTINEZ, deceased,
for the benefit of MARIA ELENA
CARTAYA, surviving spouse, and
ELEIDYS MARTINEZ, surviving daughter,

Plaintiffs,
vs.

JAVIER PEREZ, M.D., ALBERT ING, M.D.,
RAJESH DHAIRYAWAN, M.D.,
MIAMI INTERNATIONAL CARDIOLOGY
CONSULTANTS, INC., and TENET
HIALEAH HEALTHSYSTEM, INC., d/b/a
HIALEAH HOSPITAL,

Defendants.
____________________________________/

COMPLAINT FOR DAMAGES
AND DEMAND FOR JURY TRIAL

Plaintiff, LESTER CARTAYA, as Personal Representative of the Estate of FRANCISCO MARTINEZ, deceased, for the benefit of MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter (hereinafter referred to as "MARTINEZ"), sues Defendants, JAVIER PEREZ, M.D. (hereinafter referred to as "PEREZ"), ALBERT ING, M.D. (hereinafter referred to as "ING"), RAJESH DHAIRYAWAN (hereinafter referred to as "DHAIRYAWAN"), MIAMI INTERNATIONAL CARDIOLOGY CONSULTANTS, INC. (hereinafter referred to as "MICC"), and TENET HIALEAH HEALTHSYSTEM, INC., d/b/a HIALEAH HOSPITAL (hereinafter referred to as "HIALEAH HOSPITAL"), and alleges:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages in excess of $15,000.00, exclusive of attorney's fees and costs.

2. At all times material, the decedent, FRANCSICO MARTINEZ, was an adult resident of Hialeah, Dade County, Florida.

3. On August 20, 2002, FRANCISCO MARTINEZ, died.

4. At all times material hereto, Plaintiff, LESTER CARTAYA, is the adult nephew and also the duly appointed Personal Representative of the Estate of Francisco Martinez. A true copy of the Letters of Administration appointing LESTER CARTAYA as the Personal Representative is attached hereto as Exhibit "A."

5. At all times material, Defendant, PEREZ, was and is a medical doctor licensed to practice in the State of Florida and held himself out to the decedent and to the public in general as a skilled and licensed medical doctor.

6. At all times material, Defendant, ING, was and is a medical doctor licensed to practice in the State of Florida and held himself out to the decedent and to the public in general as a skilled and licensed medical doctor, practicing in the subspecialty of cardiology and/or internal medicine.

7. At all times material, Defendant, DHAIRYAWAN, was and is a medical doctor licensed to practice in the State of Florida and held himself out to the decedent and to the public in general as a skilled and licensed medical doctor, practicing in the subspecialty of cardiology and/or internal medicine

8. At all times material hereto, Defendant, MICC, was and is a for-profit Florida corporation whose principal address was 10720 Caribbean Boulevard, Miami, Florida, 33189.

9. At all times material, Defendant's ING and DHAIRYAWAN, were employee's of the Defendant MICC, and were acting within the course and scope of said employment.

10. At all times material, Defendant, HIALEAH HOSPITAL, was and is a for-profit Florida corporation whose principal address is 651 East 25th Street, Hialeah, FL 33013.

11. At all times material, Defendant, PEREZ, was an agent and/or employee of the Defendant, HIALEAH HOSPITAL, and was acting within the course and scope of his employment.

12. At all times material, Defendant, ING, was an agent and/or employee of the Defendant, HIALEAH HOSPITAL, and was acting within the course and scope of his employment and/or agency.

13. At all times material, Defendant, DHAIRYAWAN, was an agent and/or employee of the Defendant, HIALEAH HOSPITAL, and was acting within the course and scope of his employment and/or agency.

14. At all times material, Defendant, HIALEAH HOSPITAL, was and is a licensed for-profit health care facility, engaged in the business of offering general and specialized medical care and services to the general public, including FRANCISCO MARTINEZ, and whose principal address is 651 East 25th Street, Hialeah, Dade County, FL 33013.

15. At all times material, Defendant, HIALEAH HOSPITAL, provided hospital inpatient services to unassigned patients by and through its employee and/or contracted physicians, including but not limited to Defendants, PEREZ, ING and DHAIRYAWAN.

16. At all times material, Defendants, PEREZ, ING and DHAIRYAWAN provided care and treatment to FRANCISCO MARTINEZ at HIALEAH HOSPITAL between August 10, 2002 and August 20, 2002.

17. At all times material and during their care and treatment of FRANCISCO MARTINEZ, Defendants, PEREZ, ING and DHAIRYAWAN were acting as the agents or apparent agents of HIALEAH HOSPITAL, and within the course and scope of such agency or apparent agency.

18. Notice of intent to initiate medical malpractice litigation against the Defendants named herein was given and acknowledged in accordance with the requirements of Florida Statutes Sec. 766.106.

19. This action is properly brought within the applicable Statute of Limitation and/or Statute of Repose.

20. All conditions precedent to the filing of this lawsuit have been complied with.

21. Through the undersigned counsel's signature on this Complaint, it is hereby certified, pursuant to F.S. Sec. 766.203, that prior to the filing of this action, the undersigned counsel made reasonable investigation, as permitted by the circumstances, to determine that there were grounds for a good faith belief that there has been negligence on the part of the Defendants named herein in the care and treatment of FRANCISCO MARTINEZ, and that such investigation did give rise to a good faith belief that grounds exist for an action against the said Defendants.


FACTS GIVING RISE TO SUIT

22. On August 10, 2002, FRANCISCO MARTINEZ presented to the Emergency Department of HIALEAH HOSPITAL seeking medical evaluation and treatment for complaints of chest pain and left arm pain. He was admitted to the Intensive Care Unit to rule out myocardial infarction, and for further treatment and evaluation.

23. On or about August 14, 2002, FRANCISCO MARTINEZ was evaluated by a cardiologist, ING, who determined that FRANCISCO MARTINEZ was in need of diagnostic cardiac catheterization and/or therapeutic revascularization, which could not be performed at HIALEAH HOSPITAL because HIALEAH HOSPITAL did not have a cardiac catheterization laboratory, and thus, transfer to another hospital would be necessary.

24. During the course of his hospitalization at HIALEAH HOSPITAL, FRANCISCO MARTINEZ remained under the care and treatment of PEREZ, ING and DHAIRYAWAN, and others, and was continuously monitored and evaluated by the nursing and respiratory therapy staff of HIALEAH HOSPITAL.

25. Despite multiple episodes of acute coronary syndrome, and despite repeated requests by FRANCISCO MARTINEZ made to his treating physicians and nurses that he be transferred to another hospital so that the cardiac catheterization procedure could be performed, FRANCISCO MARTINEZ remained at HIALEAH HOSPITAL, without transfer and without appropriate medical intervention.

26. On August 20, 2002, FRANCISCO MARTINEZ was found by the nursing staff at HIALEAH HOSPITAL, without a pulse. Resuscitative efforts failed and FRANCISCO MARTINEZ was pronounced dead at approximately 4:00 A.M.


COUNT I
NEGLIGENCE CLAIM AGAINST PEREZ

Plaintiffs adopt and reallege paragraphs 1 through 26, above and further allege:

27. As a treating physician, Defendant, PEREZ, undertook a duty to render to FRANCISCO MARTINEZ medical care and services within the prevailing professional standard of care for similar health care providers in this and like communities.

28. Defendant, PEREZ, breached the aforementioned duty by committing negligent acts of omission and/or commission, including but not limited to one or more of the following:
(A) Failed to adequately and appropriately evaluate and assess FRANCISCO MARTINEZ initially and throughout his hospitalization at HIALEAH HOSPITAL;
(B) Failed to appropriately interpret and respond to FRANCISCO MARTINEZ's initial clinical presentation and acute coronary syndrome;
(C) Failed to appreciate the significance of and appropriately respond to FRANCISCO MARTINEZ's continuing complaints of chest pain and related symptoms of acute coronary syndrome, including the failure to initiate or secure the initiation of a more aggressive diagnostic and therapeutic approach;
(D) Failed to recognize and/or appreciate the severity and importance of FRANCISCO MARTINEZ's acute coronary syndrome and further failed to initiate appropriate therapy;
(E) Failed to facilitate and/or secure a timely transfer of FRANCISCO MARTINEZ to a medical facility with diagnostic cardiac catheterization and therapeutic revascularization capabilities, when he knew or should have known that failure to do so would result in serious injuries to FRANCISCO MARTINEZ, including possible death.

29. As a direct and proximate result of the foregoing negligent acts and omissions, FRANCISCO MARTINEZ suffered serious personal injuries and damages, including death, loss of income and the ability to earn income in the future, the expense of medical, hospital and nursing care and funeral expenses.

30. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, PEREZ, for compensatory damages greatly in excess of $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right.


COUNT II
NEGLIGENCE CLAIM AGAINST ING

Plaintiffs adopt and reallege paragraphs 1 through 26, above and further allege:

31. As a treating physician, Defendant, ING, undertook a duty to render to FRANCISCO MARTINEZ medical care and services within the prevailing professional standard of care for similar health care providers in this and like communities.

32. Defendant, ING, breached the aforementioned duty by committing negligent acts of omission and/or commission, including but not limited to one or more of the following:
(A) Failed to adequately and appropriately evaluate and assess FRANCISCO MARTINEZ initially and throughout his hospitalization at HIALEAH HOSPITAL;
(B) Failed to appropriately interpret and respond to FRANCISCO MARTINEZ's initial clinical presentation and acute coronary syndrome;
(C) Failed to appreciate the significance of and appropriately respond to FRANCISCO MARTINEZ's continuing complaints of chest pain and related symptoms of acute coronary syndrome, including the failure to initiate or secure the initiation of a more aggressive diagnostic and therapeutic approach;
(D) Failed to recognize and/or appreciate the severity and importance of FRANCISCO MARTINEZ's acute coronary syndrome and further failed to initiate appropriate therapy;
(E) Failed to facilitate and/or secure a timely transfer of FRANCISCO MARTINEZ to a medical facility with diagnostic cardiac catheterization and therapeutic revascularization capabilities, when she knew or should have known that failure to do so would result in serious injuries to FRANCISCO MARTINEZ, including possible death.

33. As a direct and proximate result of the foregoing negligent acts and omissions, FRANCISCO MARTINEZ suffered serious personal injuries and damages, including death, loss of income and the ability to earn income in the future, the expense of medical, hospital and nursing care and funeral expenses.

34. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, ING, for compensatory damages greatly in excess of $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right


COUNT III
NEGLIGENCE CLAIM AGAINST DHAIRYAWAN

Plaintiffs adopt and reallege paragraphs 1 through 26, above and further allege:

35. As a treating physician, Defendant, DHAIRYAWAN, undertook a duty to render to FRANCISCO MARTINEZ medical care and services within the prevailing professional standard of care for similar health care providers in this and like communities.

36. Defendant, DHAIRYAWAN, breached the aforementioned duty by committing negligent acts of omission and/or commission, including but not limited to one or more of the following:
(A) Failed to adequately and appropriately evaluate and assess FRANCISCO MARTINEZ initially and throughout his hospitalization at HIALEAH HOSPITAL;
(B) Failed to appropriately interpret and respond to FRANCISCO MARTINEZ's initial clinical presentation and acute coronary syndrome;
(C) Failed to appreciate the significance of and appropriately respond to FRANCISCO MARTINEZ's continuing complaints of chest pain and related symptoms of acute coronary syndrome, including the failure to initiate or secure the initiation of a more aggressive diagnostic and therapeutic approach;
(D) Failed to recognize and/or appreciate the severity and importance of FRANCISCO MARTINEZ's acute coronary syndrome and further failed to initiate appropriate therapy;
(E) Failed to facilitate and/or secure a timely transfer of FRANCISCO MARTINEZ to a medical facility with diagnostic cardiac catheterization and therapeutic revascularization capabilities, when she knew or should have known that failure to do so would result in serious injuries to FRANCISCO MARTINEZ, including possible death.

37. As a direct and proximate result of the foregoing negligent acts and omissions, FRANCISCO MARTINEZ suffered serious personal injuries and damages, including death, loss of income and the ability to earn income in the future, the expense of medical, hospital and nursing care and funeral expenses.

38. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, DHAIRYAWAN, for compensatory damages greatly in excess of $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right


COUNT IV
VICARIOUS LIABILITY CLAIM AGAINST MICC

Plaintiffs adopt and reallege Paragraphs 1 through 26, above and further allege:

39. Defendant, MICC, is vicariously liable for the negligent acts and omissions of its employees and/or agents, ING and DHAIRYAWAN, as set forth above in Paragraphs 32 and 36 above, and is therefore liable to Plaintiffs for their injuries and damages described in Paragraphs 33, 34,

37, and 38 above.
WHEREFORE, Plaintiffs sue Defendant, MICC, for compensatory damages in excess if $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right.


COUNT V
NEGLIGENCE CLAIM AGAINST HIALEAH HOSPITAL

Plaintiffs adopt and reallege paragraphs 1 through 26, above and further allege:

40. At all times material, as a licensed health care facility, Defendant, HIALEAH HOSPITAL, owed a duty to the general public, including FRANCISCO MARTINEZ, to carry out and perform its medical and emergency services and care in a manner consistent with its own policies, procedures and guidelines and in a manner which is commensurate with the prevailing standards of care for similar health care facilities in this and like communities.

41. At all times material, Defendant, HIALEAH HOSPITAL, owed a further duty to the general public, including FRANCISCO MARTINEZ, to assure comprehensive risk management and the competence of its medical staff and personnel through careful selection, review and supervision.

42. At all times material, Defendant, HIALEAH HOSPITAL, owed a further duty to the general public, including FRANCISCO MARTINEZ, to maintain and ensure accuracy and completeness of the medical charts pertaining to the patients for whom care and treatment is provided, in a manner which is commensurate with the prevailing applicable professional standards of care.

43. At all times material, Defendant, HIALEAH HOSPITAL, owed a further duty to FRANCISCO MARTINEZ to implement and effect a timely transfer to another medical facility having cardiac catheterization and therapeutic revascularization capabilities and through its agents and/or employees knew or should have known that the failure to do so would result in serious injuries and damages to FRANCISCO MARTINEZ, including the possibility of death.

44. At all times material, Defendant, HIALEAH HOSPITAL, provided equipment and supplies to be used by the physicians and/or nursing and other support staff and personnel, including but not limited to the medical charts, transfer forms and an inventory of other hospitals with cardiac catheterization and therapeutic revascularization capabilities to be utilized by its medical staff and nursing and administrative personnel in the provision of patient care and services.

45. Defendant, HIALEAH HOSPITAL, through its agents, servants and/or employees, breached its duties to FRANCISCO MARTINEZ as described above by committing negligent acts of omission or commission, including but not limited to one or more of the following:

(A) Negligently failed to appropriately screen and credential Defendants PEREZ, ING and DHAIRYAWAN to ensure that they had adequate training and experience to provide the necessary medical care and services to FRANCISCO MARTINEZ, and to further recognize and appreciate the clinical signs, symptoms and implications of acute coronary syndrome;
(B) Negligently permitted Defendants PEREZ, ING and DHAIRYAWAN to practice as staff physicians with the express or implied authority to provide medical care, treatment and diagnoses to FRANCISCO MARTINEZ when HIALEAH HOSPITAL knew or should have known through the exercise of reasonable care that PEREZ, ING and DHAIRYAWAN were not competent or qualified to provide such care, treatment and diagnoses;
(C) Negligently failed to adequately train and supervise its nursing and other medical and support personnel who knew or should have known the significance of the clinical signs, symptoms and implications of acute coronary syndrome and/or acute coronary syndrome, and who failed to document and/or communicate same to the treating physicians of FRANCISCO MARTINEZ, or to other hospital staff or personnel capable of recognizing and appreciating the emergent need for transfer of this patient to a medical facility equipped to deliver a higher level of diagnostic and therapeutic cardiovascular care than was available at HIALEAH HOSPITAL;
(D) Negligently failed to maintain and/or enforce appropriate policies and procedures regarding the care, treatment, monitoring and transfer of patients, including FRANCISCO MARTINEZ;
(E) Negligently failed to maintain and/or enforce appropriate policies and procedures regarding documentation of patients' medical charts, including that of FRANCISCO MARTINEZ;
(F) Negligently failed to maintain and/or enforce appropriate policies and procedures regarding timely transfer of patients in need of cardiac catheterization and/or therapeutic revascularization;
(G) Negligently failed to effect a timely transfer of FRANCISCO MARTINEZ to a medical facility with catheterization and therapeutic revascularization capabilities;
(H) Through its actual or apparent agents and/or employees, negligently failed to adequately and appropriately screen and evaluate FRANCISCO MARTINEZ;
(I) Through its actual or apparent agents and/or employees, negligently failed to adequately and appropriately monitor FRANCISCO MARTINEZ;
(J) Through its actual or apparent agents and/or employees, negligently failed to appropriately interpret and respond to the clinical signs and symptoms of acute coronary syndrome being exhibited by FRANCISCO MARTINEZ, and further failing to initiate and implement a more aggressive diagnostic and therapeutic approach;
(L) Through its actual or apparent agents and/or employees, negligently failed to recognize the severity and importance of FRANCISCO MARTINEZ elevated troponin levels, and further failing to initiate appropriate therapy;
(M) Through its actual or apparent agents and/or employees, negligently failed to timely implement and follow physicians' orders regarding the care, treatment and monitoring of FRANCISCO MARTINEZ;

46. As a direct and proximate result of the foregoing negligent acts and omissions, FRANCISCO MARTINEZ suffered serious personal injuries and damages, including death, loss of income and the ability to earn income in the future, the expense of medical, hospital and nursing care and funeral expenses.

47. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, HIALEAH HOSPITAL, for compensatory damages greatly in excess of $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right.


COUNT VI
VICARIOUS LIABILITY CLAIM AGAINST HIALEAH HOSPITAL

Plaintiffs adopt and reallege Paragraphs 1 through 38 and 40 through 47 above and further allege:

48. Defendant, HIALEAH HOSPITAL, is vicariously liable for the negligent acts and omissions of its actual or apparent agents and/or employees, as described more fully above, and is therefore liable to Plaintiffs for their injuries and damages set forth above.
WHEREFORE, Plaintiffs sue Defendant, HIALEAH HOSPITAL, for compensatory damages greatly in excess of $15,000.00, costs, pre-judgment interest on all liquidated damages and demand trial by jury of all issues so triable as of right.


COUNT VII
CLAIM AGAINST HIALEAH HOSPITAL
FOR VIOLATIONS OF SEC. 395.1041, FLORIDA STATUTES
Plaintiffs adopt and reallege Paragraphs 1 through 25, above and further allege:

49. At all times material, Defendant HIALEAH HOSPITAL, was and is a medical facility offering acute care services to the general public, including an Emergency Department and other facilities, beds and medical and nursing staff for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy and which regularly makes available clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent.

50. At all times material, Defendant, HIALEAH HOSPITAL, owed continuing statutory duties to FRANCISCO MARTINEZ to provide timely emergency services and care, including medical screening, examination and evaluation to determine if an emergency medical condition existed and if so, to provide the care and treatment necessary to relieve or eliminate the emergency medical condition within the service capabilities of HIALEAH HOSPITAL and/or to effect his timely transfer to another hospital where appropriate medical treatment could be provided, including diagnostic cardiac catheterization and therapeutic revascularization.

51. Defendant, HIALEAH HOSPITAL, breached its statutory duties by committing one or more of the following acts of omission or commission:
(A) Failing to provide adequate and appropriate medical screening, examination, evaluation and therapy for FRANCISCO MARTINEZ's acute coronary syndrome, under the circumstance of his initial clinical presentation and recurrent acute coronary syndrome;
(B) Failing to provide appropriate medical care and treatment necessary to relieve or eliminate FRANCISCO MARTINEZ's acute coronary syndrome when, through its actual or apparent agents and/or employees, it knew or should have known that the failure to provide such treatment could reasonably be expected to result in serious jeopardy to this patient's health, including serious impairment to bodily functions, serious dysfunction of bodily organs and/or death;
(C) Failing to provide adequate and appropriate medical screening, examination and evaluation in the face of FRANCISCO MARTINEZ's initial clinical presentation and continuing complaints of acute coronary syndrome;
(D) Failing to effect a timely transfer to another hospital with cardiac catheterization and therapeutic revascularization capabilities when through its actual or apparent agents and/or employees, it knew or should have known that FRANCISCO MARTINEZ's recurrent episodes of acute coronary syndrome could reasonably be expected to result in serious jeopardy to this patient's health, serious impairment to his bodily functions and/or serious dysfunction of bodily organs and/or death, and that the risks, if any, associated with such transfer were outweighed by the medical benefits reasonably expected from the provision of appropriate medical treatment at another hospital.

52. As a direct and proximate result of the foregoing breaches of statutory duties, FRANCISCO MARTINEZ suffered serious and permanent injuries, including jeopardy to his health, impairment to his bodily functions, dysfunction of his bodily organs and death. His damages include loss of income and the ability to earn income in the future, the expense of medical care and treatment and funeral expenses.

53. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.

WHEREFORE, Plaintiffs sue Defendant, HIALEAH HOSPITAL, for compensatory damages greatly in excess of $15,000.00 costs, pre-judgment interest on all liquidated damages, attorneys' fees pursuant to Sec. 395.1041(5), Fla. Stat., and demand trial by jury of all issues so triable as of right.


COUNT VIII
CLAIM AGAINST PEREZ
FOR VIOLATIONS OF SEC. 395.1041, FLORIDA STATUTES

Plaintiffs adopt and reallege Paragraphs 1 through 25 and 44, above and further allege:

54. As a treating physician at HIALEAH HOSPITAL, Defendant, PEREZ, owed continuing statutory duties to FRANCISCO MARTINEZ to provide timely emergency services and care, including medical screening, examination and evaluation to determine if an emergency medical condition existed and if so, to provide the care and treatment necessary to relieve or eliminate the emergency medical condition within the service capability of HIALEAH HOSPITAL and/or to effect his timely transfer to another hospital where appropriate medical treatment could be provided, including cardiac catheterization and therapeutic revascularization.

55. Defendant, PEREZ, breached his statutory duties by committing one or more of the following acts of omission or commission:
(A) Failing to perform adequate and appropriate medical screening, examination and evaluation for FRANCISCO MARTINEZ's acute coronary syndrome, under the circumstance of his initial clinical presentation;
(B) Failing to provide appropriate medical care and treatment necessary to relieve or eliminate FRANCISCO MARTINEZ's acute coronary syndrome when he knew or should have known that the failure to provide such treatment could reasonably be expected to result in serious jeopardy to this patient's health, including serious impairment to bodily functions, serious dysfunction of bodily organs and/or death;
(C) Failing to perform adequate and appropriate medical screening, examination and evaluation in the face of FRANCISCO MARTINEZ's initial clinical presentation and continuing complaints of acute coronary syndrome;
(D) Failing to effect a timely transfer and/or failing to timely sign a certificate of transfer to another hospital with cardiac catheterization and therapeutic revascularization capabilities when he knew or should have known that FRANCISCO MARTINEZ's recurrent episodes of acute coronary syndrome presented a medical condition such that in the absence of immediate appropriate medical intervention could reasonably be expected to result in serious jeopardy to this patient's health, serious impairment to his bodily functions and/or serious dysfunction of bodily organs and/or death, and that the risks, if any, associated with such transfer were outweighed by the medical benefits reasonably expected from the provision of appropriate medical treatment at another hospital.

56. As a direct and proximate result of the foregoing breaches of statutory duties, FRANCISCO MARTINEZ suffered serious and permanent injuries, including jeopardy to his health, impairment to his bodily functions, dysfunction of his bodily organs and death. His damages include loss of income and the ability to earn income in the future, the expense of medical care and treatment and funeral expenses.

57. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, PEREZ, for compensatory damages greatly in excess of $15,000.00 costs, pre-judgment interest on all liquidated damages, attorneys' fees pursuant to Sec. 395.1041(5), Fla. Stat., and demand trial by jury of all issues so triable as of right.


COUNT IX
CLAIM AGAINST ING
FOR VIOLATIONS OF SEC. 395.1041, FLORIDA STATUTES

Plaintiffs adopt and reallege Paragraphs 1 through 25 and 44, above and further allege:

58. As a treating physician at HIALEAH HOSPITAL, Defendant, ING, owed continuing statutory duties to FRANCISCO MARTINEZ to provide timely emergency services and care, including medical screening, examination and evaluation to determine if an emergency medical condition existed and if so, to provide the care and treatment necessary to relieve or eliminate the emergency medical condition within the service capability of HIALEAH HOSPITAL and/or to effect his timely transfer to another hospital where appropriate medical treatment could be provided, including cardiac catheterization and therapeutic revascularization.

59. Defendant, ING, breached his statutory duties by committing one or more of the following acts of omission or commission:
(A) Failing to perform adequate and appropriate medical screening, examination and evaluation for FRANCISCO MARTINEZ's acute coronary syndrome, under the circumstance of his initial clinical presentation;
(B) Failing to provide appropriate medical care and treatment necessary to relieve or eliminate FRANCISCO MARTINEZ's acute coronary syndrome when he knew or should have known that the failure to provide such treatment could reasonably be expected to result in serious jeopardy to this patient's health, including serious impairment to bodily functions, serious dysfunction of bodily organs and/or death;
(C) Failing to perform adequate and appropriate medical screening, examination and evaluation in the face of FRANCISCO MARTINEZ's initial clinical presentation and continuing complaints of acute coronary syndrome;
(D) Failing to effect a timely transfer and/or failing to timely sign a certificate of transfer to another hospital with cardiac catheterization and therapeutic revascularization capabilities when he knew or should have known that FRANCISCO MARTINEZ's recurrent episodes of acute coronary syndrome presented a medical condition such that in the absence of immediate appropriate medical intervention could reasonably be expected to result in serious jeopardy to this patient's health, serious impairment to his bodily functions and/or serious dysfunction of bodily organs and/or death, and that the risks, if any, associated with such transfer were outweighed by the medical benefits reasonably expected from the provision of appropriate medical treatment at another hospital.

60. As a direct and proximate result of the foregoing breaches of statutory duties, FRANCISCO MARTINEZ suffered serious and permanent injuries, including jeopardy to his health, impairment to his bodily functions, dysfunction of his bodily organs and death. His damages include loss of income and the ability to earn income in the future, the expense of medical care and treatment and funeral expenses.

61. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, ING, for compensatory damages greatly in excess of $15,000.00 costs, pre-judgment interest on all liquidated damages, attorneys' fees pursuant to Sec. 395.1041(5), Fla. Stat., and demand trial by jury of all issues so triable as of right.


COUNT X
CLAIM AGAINST DHAIRYAWAN
FOR VIOLATIONS OF SEC. 395.1041, FLORIDA STATUTES

Plaintiffs adopt and reallege Paragraphs 1 through 25 and 44, above and further allege:

62. As a treating physician at HIALEAH HOSPITAL, Defendant, DHAIRYAWAN, owed continuing statutory duties to FRANCISCO MARTINEZ to provide timely emergency services and care, including medical screening, examination and evaluation to determine if an emergency medical condition existed and if so, to provide the care and treatment necessary to relieve or eliminate the emergency medical condition within the service capability of HIALEAH HOSPITAL and/or to effect his timely transfer to another hospital where appropriate medical treatment could be provided, including cardiac catheterization and therapeutic revascularization.

63. Defendant, DHAIRYAWAN, breached his statutory duties by committing one or more of the following acts of omission or commission:
(A) Failing to perform adequate and appropriate medical screening, examination and evaluation for FRANCISCO MARTINEZ's acute coronary syndrome, under the circumstance of his initial clinical presentation;
(B) Failing to provide appropriate medical care and treatment necessary to relieve or eliminate FRANCISCO MARTINEZ's acute coronary syndrome when he knew or should have known that the failure to provide such treatment could reasonably be expected to result in serious jeopardy to this patient's health, including serious impairment to bodily functions, serious dysfunction of bodily organs and/or death;
(C) Failing to perform adequate and appropriate medical screening, examination and evaluation in the face of FRANCISCO MARTINEZ's initial clinical presentation and continuing complaints of acute coronary syndrome;
(D) Failing to effect a timely transfer and/or failing to timely sign a certificate of transfer to another hospital with cardiac catheterization and therapeutic revascularization capabilities when he knew or should have known that FRANCISCO MARTINEZ's recurrent episodes of acute coronary syndrome presented a medical condition such that in the absence of immediate appropriate medical intervention could reasonably be expected to result in serious jeopardy to this patient's health, serious impairment to his bodily functions and/or serious dysfunction of bodily organs and/or death, and that the risks, if any, associated with such transfer were outweighed by the medical benefits reasonably expected from the provision of appropriate medical treatment at another hospital.

64. As a direct and proximate result of the foregoing breaches of statutory duties, FRANCISCO MARTINEZ suffered serious and permanent injuries, including jeopardy to his health, impairment to his bodily functions, dysfunction of his bodily organs and death. His damages include loss of income and the ability to earn income in the future, the expense of medical care and treatment and funeral expenses.

65. As a further direct and proximate result of the foregoing negligent acts and omissions, Plaintiffs, MARIA ELENA CARTAYA, surviving spouse, and ELEIDYS MARTINEZ, surviving daughter of FRANCISCO MARTINEZ, have suffered in the past and will continue to suffer in the future serious personal injuries and damages, including but not limited to loss of the support, comfort and services of FRANCISCO MARTINEZ, loss of the capacity for the enjoyment of life, mental anguish, emotional pain and suffering and other serious and permanent injuries.
WHEREFORE, Plaintiffs sue Defendant, DHAIRYAWAN, for compensatory damages greatly in excess of $15,000.00 costs, pre-judgment interest on all liquidated damages, attorneys' fees pursuant to Sec. 395.1041(5), Fla. Stat., and demand trial by jury of all issues so triable as of right.

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this ______ day of August, 2006, to: ALL COUNSEL ON ATTACHED SERVICE LIST.

JOSEPHS JACK
Attorneys for Plaintiff
P.O. Box 330519
Miami, FL 33233-0519
Telephone: (305) 445-3800
Telefax: (305) 448-5800



BY: __________________________
TODD D. ROSEN
Fla. Bar No.: 0527181








SERVICE LIST

Jonathon Lynn, Esq.
Stephens, Lynn, et al.
Two Datran Center – PH-2
9130 South Dadeland Blvd.
Miami, FL 33156
Attorneys for Perez

Rolando A. Diaz, Esq.
Anna Marie Hernandez, Esq.
Kubicki Draper, P.A.
25 West Flagler Street
Penthouse
Miami, FL 33130
Attorneys for Ing and Miami
Int. Cardiology Consultants

Raymond A. Reiser, Esq.
Raymond A. Reiser & Associates
Pal-Med Building, Suite 410
7150 W. 20th Avenue
Hialeah, FL 33016
Attorneys for Dhairyawan

Robert O. Dugan, Esq.
Falk, Waas, Hernandez,
Cortina, Solomon & Bonner, P.A.
113 Almeria Avenue
Coral Gables, FL 33134
Attorneys for Hialeah Hospital

Enrique Zamora, Esq.
Zamora & Hillman
3006 Aviation Ave., PH 4C
Coconut Grove, FL 33133
Guardian Ad Litem for MARIA ELENA
CARTAYA, surviving spouse, and
ELEIDYS MARTINEZ, surviving daughter