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  • Khai Nguyen Plaintiff vs. Melissa Machan, ARNP, et al Defendant Professional Malpractice - Medical document preview
  • Khai Nguyen Plaintiff vs. Melissa Machan, ARNP, et al Defendant Professional Malpractice - Medical document preview
  • Khai Nguyen Plaintiff vs. Melissa Machan, ARNP, et al Defendant Professional Malpractice - Medical document preview
  • Khai Nguyen Plaintiff vs. Melissa Machan, ARNP, et al Defendant Professional Malpractice - Medical document preview
						
                                

Preview

Filing # 16972106 Electronically Filed 08/12/2014 08:30:24 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA KHAI NGUYEN, individually, and as Personal CASE NO.: CACE-14014218 Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, Plaintiffs, v. PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, ALEX BIRMAN, M.D., SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A., GEORGES EDOUARD, M.D., GEORGES EDOUARD, M.D., PA, d/b/a PLANTATION PAVILION OB/GYN, MELISSA =MACHAN, — ARNP, ROBERTA SANTINI, M.D., DORI RATHBUN, FLORIDA UNITED RADIOLOGY, L.C., Defendants. AMENDED COMPLAINT COMES NOW the Plaintiff, KHAl NGUYEN, individually and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, by and through the undersigned attorney and hereby sues the Defendants, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, ALEX BIRMAN, M.D., SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A., GEORGES EDOUARD, M.D., GEORGES EDOUARD, M.D., P.A., MELISSA MACHAN, ARNP, ROBERTA SANTINI, M.D., DORI RATHBUN, and FLORIDA UNITED RADIOLOGY, L.C., and alleges: *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/12/2014 8:30:22 AM.****GENERAL ALLEGATIONS This is a civil action for damages in excess of FIFTEEN THOUSAND DOLLARS ($15,000.00), the minimal jurisdictional requirement of this Court, exclusive of costs, interest, and attorneys’ fees. All statutorily required conditions precedent to the maintenance of this action have been performed, have occurred, or have been waived. All requirements of applicable Florida Statutes have timely been complied with prior to the filing of this action. There has been a reasonable investigation to determine whether there are grounds for a good faith belief that there has been negligence in the care and treatment rendered by Defendants in this case, which gives rise to this action. Including time allowed for tolling under section 766.106, Florida Statutes, and in accordance with section 95.11(4)(b), Florida Statutes, this action is being brought within two (2) years of the time in which the negligence leading to the death of MAI TUYET NGUYEN was discovered. Therefore, this action is not barred by any statute of limitations. This action is being brought prior to KADEN NGUYEN’s eighth birthday and in accordance with Florida Statute 95.11(4)(b) and is not barred by any statute of limitations. KHAI NGUYEN only recently became aware that there was a reasonable possibility that the injuries sustained by KADEN NGUYEN were the result of medical malpractice. In accordance with Tanner v. Hartog, 618 So. 2d 177 (Fla. 1993), the statute of limitations did not begin to run until KHAl NGUYEN became aware of such reasonable possibility. KHAI NGUYEN is the surviving spouse of MAI TUYET NGUYEN, and is currently in the process of being appointed as Personal Representative of the Estate of MAI TUYET NGUYEN.10. 11. 12. 13. 14, 15. 16. KHAI NGUYEN and MAI TUYET NGUYEN, deceased, are the natural parents of KADEN NGUYEN, a minor. KRISTEN HUYNH was born on August 3, 1999, and therefore, was a minor child within the meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death. KYLIE NGUYEN was born on October 29, 2008, and therefore, was a minor child within the meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death. KADEN NGUYEN was born on July26, 2012, and therefore, was a minor child within the meaning of Florida Statute 768.18 at the time of MAl TUYET NGUYEN’s death. At all times material hereto, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL (“PLANTATION GENERAL HOSPITAL”) was and is a limited partnership with this principal place of business in Nashville, Tennessee that owns and operates a licensed hospital providing medical care and treatment in Broward County, Florida. At all times material hereto,SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A. ("SUNLIFE OB/GYN")was a Florida corporation, licensed to do business within the State of Florida, and whose principal place of business was in Broward County, Florida. At all times material hereto, GEORGES EDOUARD, M.D., P.A. d/b/a PLANTATION PAVILION OB/GYN (“PLANTATION PAVILION OB/GYN”) was a Florida corporation, licensed to do business within the State of Florida, and whose principal place of business is in Broward County, Florida. At all times material hereto, FLORIDA UNITED RADIOLOGY, L.C. (“FLORIDA UNITED RADIOLOGY”) was a Florida limited liability company, licensed to do business within the State of Florida, and whose principal place of business is in Broward County, Florida. At all times material hereto,ALEX BIRMAN, M.D. (“BIRMAN”) was a physician licensed to practice medicine in the State of Florida.17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. At all times material hereto, BIRMAN was an employee, agent, and/or apparent agent of SUNLIFE OB/GYN. At all times material hereto, GEORGES EDOUARD, M.D. (“EDOUARD”) was a physician licensed to practice medicine in the State of Florida. At all times material hereto, EDOUARD was an employee, agent, and/or apparent agent of PLANTATION PAVILION OB/GYN. At all time material hereto, ROBERTA SANTINI, M.D. (“SANTINI”) was a physician licensed to practice medicine in the State of Florida. At all times material hereto, SANTINI was an employee, agent, and/or apparent agent of FLORIDA UNITED RADIOLOGY. At all times material hereto, MELISSA MACHAN (“MACHAN”) was an advanced registered nurse practitioner in the State of Florida. At all times material hereto, DORI RATHBUN (“RATHBUN”) was a radiology technician in the State of Florida. At all times material hereto, BIRMAN, EDOQUARD, SANTINI, MACHAN, and RATHBUN were employees, agents, and/or apparent agents of PLANTATION GENERAL HOSPITAL. In December of 2011, MAI TUYET NGUYEN began her prenatal care with EDOUARD. On July 25, 2012, at 9:35 P.M., MAI TUYET NGUYEN presented to Plantation General Hospitalwith complaintsof abdominal pain, and decreased fetal movement. A bedside ultrasoundperformed at 10:40 P.M. indicated abnormal amniotic fluid "which may represent meconium versus hemorrhage." RATHBUN, the radiology technician at PLANTATION GENERAL HOSPITAL, produced images and then reviewed the results from the ultrasound. The ultrasound was then interpreted by ROBERTA SANTINI, M.D.30. 31. 32. 33. 34. 35. 36. 37. 38. The ultrasound contained a dense echogenic material throughout the gestinal sac, which was strongly suggestive of a massive hemorrhage. Both SANTINI and RATHBUN failed to identify the hemorrhage, and/or alert the care providers of the presence of a possible hemorrhage. MAI TUYET NGUYEN was admitted by EDOUARD at approximately 11:35 P.M. with the diagnosis of intrauterine pregnancy and non-reactive fetal heart rate monitor. EDOUARD ordered MAI TUYET NGUYEN to receive 25 micrograms of vaginal Cytotec every three (3) hours until active labor commenced. Cytotec has not been approved by the FDA as an inducing agent for labor, and has a black box warning which cautions that use of the drug as an inducing agent can result in birth defects, abortion, premature birth and uterine rupture. At all times material hereto, the Cytotec administered to MAl TUYET NGUYEN was stored, dispensed and provided by Plantation General Hospital for use in inducing labor. At 2:05 AM., on July 26, 2012, Pamela Nelson, RN, administered 25 mg of Cytotec vaginally to MAI TUYET NGUYEN. Prior to being administered the Cytotec, MAl TUYET NGUYEN was not told about the risks associated with the use of Cytotec, or the fact that it was not approved by the FDA as a labor inducing agent. Fetal hearing monitoring indicated variable decelerations indicative of umbilical cord compression. At 5:30 A.M., another dosage of 25 mg of Cytotec was administered vaginally by Pamela Nelson, RN. Fetal heart monitoring at approximately 8:00 A.M. continued to be non-reassuring with minimal variability, absent accelerations and variable decelerations indicative of fetal compromise.39. 40. 4). 42. 43. 44, 45. 46. 47. 48. 49. 50. At approximately 8:35 A.M., Jean Reynolds, RN, preformed a vaginal exam which revealed vaginal bleeding. EDOUARD was notified at 8:40 A.M. of the bleeding, and was told to come to Plantation General Hospital. Although EDOUARD informed Jean Reynolds, RN that he was only ten (10) minutes away from Plantation General Hospital, he did not arrive at bedside until C-Section delivery was underway, at approximately 9:08 A.M. At 8:46 A.M., MAI TUYET NGUYEN was administered oxygen. At 8:55 A.M., Jean Reynolds, RN called EDOUARD and informed him the MAI TUYET NGUYEN was completely dilated and wanting to push. At 9:00 A.M., MAI TUYET NGUYEN became unresponsive. A Rapid Response Team was called, however a Code Blue was not called. Although a request for a Rapid Response Team was made at 9:00 A.M., an overhead page for an available OB/GYN physician was not executed until 9:04 A.M. BIRMAN arrived at MAIUYET NGUYEN’s bedside at 9:05 A.M., and attempted a forceps delivery, which failed. Despite MAIUYET NGUYEN being non-responsive since 9:00 A.M., a Code Blue was not called until 9:06 A.M. By 9:07 A.M. MAIUTYET NGUYEN had no palpable pulse, and was in asystole. MAIUYET NGUYEN was then intubated. At 9:10 A.M., the fetal heart rate was documented in the range of 50-59 beats per minutes, indicative of severe fetal distress and compromise. Despite the same, a STAT C- Section was not called until 9:13 A.M. KADEN NGUYEN was delivered via C-Section by BIRMAN at 9:14 A.M. MACHAN was the attending certified registered nurse anesthetist (CRNA).51. 52. 53. 54. 55. 56. 57. 58. 59. 60. After KADEN NGUYEN was delivered, EDOUARD arrived at bedside and assisted with delivery of the placenta. The uterus was placed back into the abdomen and the abdominal incision was left open while CPR efforts continued at MAIUTYET NGUYEN’s bedside. Despite continued CPR and resuscitative efforts, MAIUYET NGUYEN remained unresponsive. MAIUTYET NGUYEN was pronounced deadat 9:41 A.M. on July 26, 2012. Upon delivery, KADEN NGUYEN was noted to be bradycardic, blue, floppy, and not breathing, indicative of fetal compromise and hypoxia/anoxia. Despite this presentation, cord blood gases were not obtained or ordered. KADEN NGUYEN's one (1) minute APGAR was a 1. KADEN NGUYEN was intubated at three (3) minutes of life. Despite intubation and aggressive resuscitative efforts, his AGPARs remained abnormally low with an APGAR of 3 at five (5) minutes, and an APGAR of 4 at ten (10) minutes. KADEN NGUYEN was admitted in the Neo-Natal Intensive Care Unit (NICU) in critical condition, and with an initial diagnosis of hypoxemia, perinatal depression, respiratory distress and pulmonary hypertension. In the early morning of July 28, 2012, KADEN NGUYEN suffered prolonged oxygen desaturations, and drop in mean blood pressure. As a result, KADEN NGUYEN was transferred to Joe DiMaggio Children's Hospital. These injuries sustained by KADEN NGUYEN were preventable, foreseeable, and will continue indefinitely into the future.COUNT I: NEGLIGENCE OF PLANTATION GENERAL HOSPITAL FOR BREACH OF NON- DELEGABLE DUTY Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as though fully set forth herein and further alleges the following: 61. Defendant, PLANTATION GENERAL HOSPITAL, selected, retained, hired, and/or credentialed BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN for the purpose of providing medical care and treatment to MAI TUYET NGUYEN and/or KADEN NGUYEN. 62. At all times material hereto, the Defendant, PLANTATION GENERAL HOSPITAL, had a non- delegable duty to provide medical and nursing care in accordance with the general standard of care in pre-delivery, post-delivery, and neonatal care and treatment to MAI TUYET NGUYEN and/or KADEN NGUYEN. 63. This duty is created by: a. Under the terms of the consent agreement MAI TUYET NGUYEN signed at PLANTATION GENERAL HOSPITAL, PLANTATION GENERAL HOSPITAL had a non- delegable duty to provide physicians and staff to properly and safely treat MAI TUYET NGUYEN and KADEN NUGYEN. SeePope v. Winter Park Healthcare Group, Ltd., 939 So. 2d 185 (Fla. 5th DCA 2006); and Shands Teaching Hosp. & Clinic, Inc. v. Juliana, 863 So. 2d 343 (Fla. 1st DCA 2003). A copy of the consent agreement is attached hereto as Exhibit A. b. Rule 59A-3.254, Florida Administrative Code requires that every hospital develop policies and procedures for assessment of patients, reassessment of patients, coordination of care to include role of the physician, patient and family education, discharge planning and criteria, and documentation; c. Rule 59A-3.2085(3)(a), Florida Administrative Code requires that every hospital providing operative or other invasive procedures, such as PLANTATION GENERALHOSPITAL, be organized under written policies and procedures, and these procedures require a determination of appropriateness based on, among other things, diagnostic data and the risks/benefits of the procedure; Rule 59A-3.2085(4)(a)-(b), Florida Administrative Code requires that every hospital providing surgical or obstetrical services, shall have an anesthesia department, directed by a physician member of the organized professional staff. The anesthesia department of each hospital shall have written policies and procedures that are approved by the organized medical staff, are reviewed annually, dated at time of last review, revised, and enforced as necessary. The responsibilities and qualifications of all anesthesia personnel, including physicians, nurses, anesthetists, and all trainees, must be defined in a policy statement, job description, or other appropriate document. The physicians rendering care to MAl TUYET NGUYEN at PLANTATION GENERAL HOSPITAL were not privately retained by MAI TUYET NGUYEN. See Shands Teaching Hosp. and Clinic, Inc. v. Juliana, 863 So. 2d 343, 349 (Fla. 1st DCA 2003) (citing Hippocrates Mertsaris v. 73rd Corp.,105 A.D.2d 67, 482 N.Y.S.2d 792, 801( N.Y. 1984)). See Newbold-Ferguson v. AMISUB (North Ridge Hospital), Inc., 85 So. 3d 502, 505 (Fla. 4th DCA 2012). Under Section 766.110, Florida Statutes, PLANTATION GENERAL HOSPITAL had a duty to assure the competence of their medical staff through careful selection and review. See St. Anthony's Hosp., Inc. v. Lewis, 652 So. 2d 386, 387 (Fla. 2d DCA1995); see also Palms West Hosp. Ltd. Partnership v. Burns, 83 So. 3d 785, 787 (Fla. 4th DCA 2011) (quoting St. Anthony's Hosp., Inc. v. Lewis), and describing section 766.110, Florida Statutes (2009) as a provision creating a “duty to assure competence of medical staff members”).64. g. Under 42 C.F.R. § 482.12, PLANTATION GENERAL HOSPITAL had a duty to create and maintain a governing body to: (1) ensure that all services performed are provided in a safe and effective manner. See 42 C.F.R. § 482.1 2(e); (2) define, implement and maintain ongoing safety initiatives that address priorities for improved quality of care and patient safety. See 42 CFR. § 482.21 (e); (3 create and organize medical staff that operates under by laws and is responsible for the quality of medical care provided to patients by the hospital. See 42 C.F.R. § 482.22; (4) create guidelines for staff that "[i]nclude criteria for determining the privileges to be granted to individual practitioners and a procedure for applying the criteria to individuals requesting privileges. See 42 C.F.R. § 482.22(c)(6); See Stewart v. Stamford Radiological Assocs. PC, No. FSTCV054006288S, 2008 WL 344610 (Jan. 22, 2008); See also Hinojosav. Perez, 214 F. Supp. 703, 705-06 (S.D. Tex. 2002); This duty was breached by PLANTATION GENERAL HOSPITAL in the following ways: a. Negligently failing to establish and implement adequate policies, protocols and procedures for the admission, monitoring, evaluation, testing and referral to medical specialists of patients presenting with hemorrhaging, fetal distress, and signs and symptoms of abnormal amniotic fluid; b. Negligently failing to establish and implement adequate policies, protocols and procedures regarding the proper utilization of Misoprostol (Cytotec); 10Negligently failing to establish and implement adequate policies, protocols and procedures with regards performing a timely C-Section on patients presenting with hemorrhaging, fetal distress, and signs and symptoms of abnormal amniotic fluid; Negligently failing to educate, train, and/or supervise nurses and physicians in the appropriate recognition of fetal distress, and the proper responsive treatment for fetal distress; Negligently failing to educate, train, and/or supervise nurses and physicians in the appropriate recognition of hemorrhaging, and the proper responsive treatment for hemorrhaging; Negligently failing to educate, train, and/or supervise nurses and physicians in the appropriate recognition of abnormal amniotic fluid, and the proper responsible treatment for abnormal amniotic fluid; Negligently failing to educate, train, and/or supervise nurses and physicians in the proper utilization of Misoprostol (Cytotec); By negligently failing to have appropriately skilled and trained physicians and other medical staff on duty in the delivery room and neonatal unit when MAI TUYET NGUYEN presented with risk factors for hemorrhaging, fetal distress, and abnormal amniotic fluid; and By negligently failing to assure proper risk management by failing to establish protocols in (a)-(h) above and by failing to investigate and determine whether the physicians, nurses, ARNPs, technicians, residents, and staff members of PLANTATION GENERAL HOSPITAL were appropriately trained, experienced, and skilled to diagnose and treat mothers with hemorrhaging, fetal distress, abnormal amniotic fluid, deliveries complicated by fetal distress, and post-delivery neonatal care of an infant. 1165. As a direct and proximate result of these deviations from the standard of care by Defendant, PLANTATION GENERAL HOSPITAL, MAIL TUYET NGUYEN and KADEN NGUYEN were negligently evaluated and treated by BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, and the physicians, residents, nurses, technicians, and staff of PLANTATION GENERAL HOSPITAL, and as a result MAI TUYET NGUYEN suffered a wrongful death. The following damages are claimed pursuant to Section 768.21, Florida Statutes: a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and services from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support and services; loss of companionship and protection; mental pain and suffering; and any medical and funeral expenses paid by him. These losses are permanent and continuing in nature, and KHAl NGUYEN will continue to suffer these losses in the future;! b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KRISTEN HUYNH will continue to suffer these losses in the future;? c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental ‘Cited from Florida Standard Civil Jury Instructions § 502.2(d) *Cited from Florida Standard Civil Jury Instructions § 502.2(e). 1266. 67. 68. pain and suffering. These losses are permanent and continuing in nature and KYLIE NGUYEN will continue to suffer these losses in the future;? d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KADEN NGUYEN will continue to suffer these losses in the future;4 e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date of injury to the date of death, loss of net accumulations, and medical and funeral expenses paid by the estate.> As a direct and proximate result of the negligent conduct of PLANTATION GENERAL HOSPITAL, KADEN NGUYENwas negligently evaluated and treated by BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, and the physicians, residents, nurses, technicians, and staff of PLANTATION GENERAL HOSPITAL. As a result,;KADEN NGUYEN suffered significant and permanent injuries to include a hypoxic brain injury. These injuries were preventable, foreseeable, and will continue indefinitely into the future. KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income, *Cited from Florida Standard Civil Jury Instructions § 502.2(e). ‘Cited from Florida Standard Civil Jury Instructions § 502.2(e). Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b). 13expense of hospitalization, and medical and nursing treatment in the past and in the future.® WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment against Defendant, PLANTATION GENERAL HOSPITAL, for all compensable damages allowed by law and further demands a trial by jury. COUNT II: VICARIOUS LIABILITY OF PLANTATION GENERAL HOSPITAL FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS, INCLUDING BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as though fully set forth herein and further alleges the following: 69. Defendant, PLANTATION GENERAL HOSPITAL, by and through BIRMAN, EDOUARD, SANTINI, MACHAN, RATHBUN, and the physicians, nurses and staff of PLANTATION GENERAL HOSPITAL, had a duty to provide medical care and treatment within the prevailing professional standards of care as accepted by reasonably prudent similar health care providers. 70. Defendant, PLANTATION GENERAL HOSPITAL, by and through its physicians, nurses and staff, to include but not limited to BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN breached that duty as follows: a. Failing to properly and timely recognize fetal distress; b. Failing to properly and timely treat fetal distress; c. Failing to recognize and detect a hemorrhage on the July 25, 2012 ultrasound; d. Failing to report the presence of a hemorrhage on the July 25, 2012 ultrasound; “Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c). 147). p. q. Failing to recommend clinical correlation and/or further testing as a result of the July 25, 2012 ultrasound; Failing to perform a follow-up ultrasound; Failing to respond to significant changes in MAl TUYET NGUYEN's condition; Failing to timely identify and report a hemorrhage; Failing to timely treat a hemorrhage; Failing to provide timely and appropriate care and treatment to MAI TUYET NGUYEN; Negligently attempting to deliver KADEN NGUYEN vaginally; Negligent use of forceps in attempting delivery of KADEN NGUYEN; Failing to order a timely STAT C-Section; Failing to perform at timely STAT C-Section; Failing to order cord blood gases; Failing to timely call a Code Blue; and Failing to timely request and/or call for a Code Blue team. PLANTATION GENERAL HOSPITALis vicariously liable for the negligent acts of BIRMAN, EDOUARD, SANTINI, MACHAN, RATHBUN, and the nurses and staff of PLANTATION GENERAL HOSPITAL, in their failure to properly diagnose, treat, monitor, and care for MAI TUYET NGUYEN and KADEN NGUYEN. a Employment The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, were employees of PLANTATION GENERAL HOSPITAL, as their actions were controlled by PLANTATION GENERAL HOSPITAL or were subject to PLANTATION GENERAL HOSPITAL’sright of control, 1572. 73. and because at all times hereto they were acting within the scope of their employment;” Actual Agency . The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN,were actual agents of PLANTATION GENERAL HOSPITAL as PLANTATION GENERAL HOSPITAL had authorized them to act on their behalf, and because at the time and place of the alleged incident, they were acting within the scope of their authority;® Apparent Agency The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN,were apparent agents of PLANTATION GENERAL HOSPITAL, because PLANTATION GENERAL HOSPITAL, through words and/or conduct, caused or allowed MAI TUYET NGUYEN and KADEN NGUYEN to believe that the physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN,were agents of, and had authority to act for PLANTATION GENERAL HOSPITAL.? As a result of these legal relationships with BIRMAN, EDOQUARD, SANTINI, MACHAN, and RATHBUN, and the nurses and staff of PLANTATION GENERAL HOSPITAL, PLANTATION GENERAL HOSPITALis vicariously liable for their acts of negligence. As a direct and proximate result of the negligent conduct of PLANTATION GENERAL HOSPITAL’s employees, agents and/or apparent agents, including but not limited to BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, MAI TUYET NGUYEN suffered a "Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1). SCited from Florida Standard Civil Jury Instructions § 402.9(a)(2). °Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). 16wrongful death. The following damages are claimed pursuant to Section 768.21, Florida Statutes: a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of companionship and protection; mental pain and suffering; and any medical and funeral expenses paid by him. These losses are permanent and continuing in nature, and KHAl NGUYEN will continue to suffer these losses in the future;!° b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KRISTEN HUYNH will continue to suffer these losses in the future;'! c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KYLIE NGUYEN will continue to suffer these losses in the future;'? d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support "Cited from Florida Standard Civil Jury Instructions § 502.2(d) “Cited from Florida Standard Civil Jury Instructions § 502.2(e). “Cited from Florida Standard Civil Jury Instructions § 502.2(e). 1774. 75. 76. and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KADEN NGUYEN will continue to suffer these losses in the future;'3 e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date of injury to the date of death, loss of net accumulations, and medical and funeral expenses paid by the estate.!4 As a direct and proximate result of the negligent conduct of PLANTATION GENERAL HOSPITAL’s employees, agents and/or apparent agents, including but not limited to BIRMAN, EDOUARD, SANTINI, MACHAN, and RATHBUN, KADEN NGUYEN suffered significant and permanent injuries to include a hypoxic brain injury. These injuries were preventable, foreseeable, and will continue indefinitely into the future. KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income, expense of hospitalization, and medical and nursing treatment in the past and in the future.!5 WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment against Defendant, PLANTATION GENERAL HOSPITAL, for all compensable damages allowed by law and further demands a trial by jury. Cited from Florida Standard Civil Jury Instructions § 502.2(e). “Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b). “Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c). 18COUNT III: VICARIOUS LIABILITY OF SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A. FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS, INCLUDING BIRMAN Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as though fully set forth herein and further alleges the following: 77. 78. Defendant, SUNLIFE OB/GYN, by and through BIRMAN, and the physicians, nurses and staff of SUNLIFE OB/GYN, had a duty to provide medical care and treatment within the prevailing professional standards of care as accepted by reasonably prudent similar health care providers. Defendant, SUNLIFE OB/GYN, by and through its physicians, nurses and staff, to include but not limited to BIRMAN, breached that duty as follows: a. b. Failing to properly and timely recognize fetal distress; Failing to properly and timely treat fetal distress; Failing to respond to significant changes in MAl TUYET NGUYEN's condition; Failing to timely identify and report a hemorrhage; Failing to timely treat a hemorrhage; Failing to provide timely and appropriate care and treatment to MAI TUYET NGUYEN; Negligently attempting to deliver KADEN NGUYEN vaginally; Negligent use of forceps in attempting delivery of KADEN NGUYEN; Failing to order a timely STAT C-Section; Failing to perform at timely STAT C-Section; Failing to order cord blood gases; Failing to timely call a Code Blue; and . Failing to timely request and/or call for a Code Blue team. 1979. 80. 81. SUNLIFE OB/GYN is vicariously liable for the negligent acts of BIRMAN, and the nurses and staff of SUNLIFE OB/GYN, in their failure to properly diagnose, treat, monitor, and care for MAI TUYET NGUYEN and KADEN NGUYEN. Employment . The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN., were employees of SUNLIFE OB/GYN, as their actions were controlled by SUNLIFE OB/GYN or were subject to SUNLIFE OB/GYN’s right of control, and because at all times hereto they were acting within the scope of their employment;! Actual Agency, . The physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, were actual agents of SUNLIFE OB/GYN as SUNLIFE OB/GYN had authorized them to act on their behalf, and because at the time and place of the alleged incident, they were acting within the scope of their authority;'” Apparent Agency The physicians, staff, nurses and ARNP'’s, including but not limited to, BIRMAN, were apparent agents of SUNLIFE OB/GYN, because SUNLIFE OB/GYN, through words and/or conduct, caused or allowed MAI TUYET NGUYEN and KADEN NGUYEN to believe that the physicians, staff, nurses and ARNP’s, including but not limited to, BIRMAN, were agents of, and had authority to act for SUNLIFE OB/GYN.'® As a result of these legal relationships with BIRMAN, and the nurses and staff of SUNLIFE OB/GYN, SUNLIFE OB/GYN is vicariously liable for their acts of negligence. As a direct and proximate result of the negligent conduct of SUNLIFE OB/GYN’s employees, agents and/or apparent agents, including but not limited to BIRMAN, MAI * Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1). “Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). "Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). 20TUYET NGUYEN suffered a wrongful death. The following damages are claimed pursuant to Section 768.21, Florida Statutes: a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of companionship and protection; mental pain and suffering; and any medical and funeral expenses paid by him. These losses are permanent and continuing in nature, and KHAl NGUYEN will continue to suffer these losses in the future;!? b. KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KRISTEN HUYNH will continue to suffer these losses in the future;2° c. KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KYLIE NGUYEN will continue to suffer these losses in the future;?! d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support ‘Cited from Florida Standard Civil Jury Instructions § 502.2(d) Cited from Florida Standard Civil Jury Instructions § 502.2(e). "Cited from Florida Standard Civil Jury Instructions § 502.2(e). 2182. 83. 84. and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KADEN NGUYEN will continue to suffer these losses in the future;?2 e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date of injury to the date of death, loss of net accumulations, and medical and funeral expenses paid by the estate.?3 As a direct and proximate result of the negligent conduct of SUNLIFE OB/GYN‘s employees, agents and/or apparent agents, including but not limited to BIRMAN, KADEN NGUYEN suffered significant and permanent injuries to include a hypoxic brain injury. These injuries were preventable, foreseeable, and will continue indefinitely into the future. KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income, expense of hospitalization, and medical and nursing treatment in the past and in the future.24 WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment against Defendant, SUNLIFE OB/GYN, for all compensable damages allowed by law and further demands a trial by jury. COUNT IV: VICARIOUS LIABILITY OF GEORGES EDOUARD, M.D., P.A. d/b/a PLANTATION PAVILION OB/GYN FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS, INCLUDING EDOUARD Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as Cited from Florida Standard Civil Jury Instructions § 502.2(e). Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b). Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c). 22though fully set forth herein and further alleges the following: 85. 86. Defendant, PLANTATION PAVILION OB/GYN, by and through EDOUARD, and the physicians, nurses and staff of PLANTATION PAVILION OB/GYN, had a duty to provide medical care and treatment within the prevailing professional standards of care as accepted by reasonably prudent similar health care providers. Defendant, PLANTATION PAVILION OB/GYN, by and through its physicians, nurses and staff, to include but not limited to EDOUARD, breached that duty as follows: a. b. Failing to provide adequate pre-natal care and treatment; Failing to properly and timely recognize fetal distress; Failing to properly and timely treat fetal distress; Failing to respond to significant changes in MAI TUYET NGUYEN's condition; Failing to timely respond to calls to come to MAI TUYET NGUYEN's bedside; Failing to timely identify and report a hemorrhage; Failing to timely treat a hemorrhage; Failing to provide timely and appropriate care and treatment to MAI TUYET NGUYEN; Negligently attempting to deliver KADEN NGUYEN vaginally; Negligent use of forceps in attempting delivery of KADEN NGUYEN; Negligently ordered Cytotec; Failing to inform and/or warn MAI TUYET NGUYEN of the risks associated with use of Cytotec as an inducing agent; . Failing to order cord blood gases; Failing to order a timely STAT C-Section; Failing to perform at timely STAT C-Section; Failing to timely call a Code Blue; and 23q. Failing to timely request and/or call for a Code Blue team. 87. PLANTATION PAVILION OB/GYN is vicariously liable for the negligent acts of EDOUARD, and the nurses and staff of PLANTATION PAVILION OB/GYN, in their failure to properly diagnose, treat, monitor, and care for MAl TUYET NGUYEN and KADEN NGUYEN. Employment a. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD, were employees of PLANTATION PAVILION OB/GYN as their actions were controlled by PLANTATION PAVILION OB/GYN or were subject to PLANTATION PAVILION OB/GYN’s right of control, and because at all times hereto they were acting within the scope of their employment;5 Actual Agency, b. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD, were actual agents of PLANTATION PAVILION OB/GYN as PLANTATION PAVILION OB/GYN had authorized them to act on their behalf, and because at the time and place of the alleged incident, they were acting within the scope of their authority;26 Apparent Agency ¢. The physicians, staff, nurses and ARNP’s, including but not limited to, EDOUARD, were apparent agents of PLANTATION PAVILION OB/GYN because PLANTATION PAVILION OB/GYN, through words and/or conduct, caused or allowed MAI TUYET NGUYEN and KADEN NGUYEN to believe that the physicians, Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1). “Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). 2488. 89. staff, nurses and ARNP’s, including but not limited to, EDOUARD, were agents of, and had authority to act for PLANTATION PAVILION OB/GYN.27 As a result of these legal relationships with EDOUARD, and the nurses and staff of PLANTATION PAVILION OB/GYN, PLANTATION PAVILION OB/GYN is vicariously liable for their acts of negligence. As a direct and proximate result of the negligent conduct of PLANTATION PAVILION OB/GYN’s employees, agents and/or apparent agents, including but not limited to EDOUARD, MAI TUYET NGUYEN suffered a wrongful death. The following damages are claimed pursuant to Section 768.21, Florida Statutes: a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of companionship and protection; mental pain and suffering; and any medical and funeral expenses paid by him. These losses are permanent and continuing in nature, and KHAl NGUYEN will continue to suffer these losses in the future;8 KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN's injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KRISTEN HUYNH will continue to suffer these losses in the future;? KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services "Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). *8Cited from Florida Standard Civil Jury Instructions § 502.2(d) Cited from Florida Standard Civil Jury Instructions § 502.2(e). 2590. 91. 92. from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KYLIE NGUYEN will continue to suffer these losses in the future;3° d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KADEN NGUYEN will continue to suffer these losses in the future;3! e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date of injury to the date of death, loss of net accumulations, and medical and funeral expenses paid by the estate.32 As a direct and proximate result of the negligent conduct of PLANTATION PAVILION OB/GYN‘s employees, agents and/or apparent agents, including but not limited to EDOUARD, KADEN NGUYEN suffered significant and permanent injuries to include a hypoxic brain injury. These injuries were preventable, foreseeable, and will continue indefinitely into the future. KADEN NGUYEN, a minor, has sustained damages in the form of physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, loss of ability to earn an income, Cited from Florida Standard Civil Jury Instructions § 502.2(e). *'Cited from Florida Standard Civil Jury Instructions § 502.2(e). *°Cited from Florida Standard Civil Jury Instructions § 502.2(a), (b). 26expense of hospitalization, and medical and nursing treatment in the past and in the future.2> WHEREFORE, Plaintiff, KHAl NGUYEN, as Personal Representative and individually on behalf of MAI TUYET NGUYEN, deceased, and KADEN NGUYEN, a minor, demands judgment against Defendant, PLANTATION PAVILION OB/GYN, for all compensable damages allowed by law and further demands a trial by jury. COUNT V: VICARIOUS LIABILITY OF FLORIDA UNITED RADIOLOGY FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS AND/OR APPARENT AGENTS, INCLUDING SANTINI Plaintiff re-alleges and incorporates by reference paragraphs 1 through 60 above as though fully set forth herein and further alleges the following: 93. Defendant, FLORIDA UNITED RADIOLOGY, by and through SANTINI, and the physicians, nurses and staff of FLORIDA UNITED RADIOLOGY, had a duty to provide medical care and treatment within the prevailing professional standards of care as accepted by reasonably prudent similar health care providers. 94. Defendant, FLORIDA UNITED RADIOLOGY, by and through its physicians, nurses and staff, to include but not limited to SANTINI, breached that duty as follows: a. b. Failing to provide timely and appropriate pre-delivery care and treatment; Failing to recognize and detect a hemorrhage on the July 25, 2012 ultrasound; Failing to report the presence of a hemorrhage on the July 25, 2012 ultrasound; Failing to recommend clinical correlation and/or further testing as a result of the July 25, 2012 ultrasound; Failing to perform a follow-up ultrasound; Negligently failing to properly and timely recognize fetal distress; Cited from Florida Standard Civil Jury Instructions §§ 501.2(a)-(c). 2795. Negligently failing to respond to significant changes in the condition of MAI TUYET NGUYEN; Failing to timely identify and report a hemorrhage; and Failing to timely treat a hemorrhage. FLORIDA UNITED RADIOLOGY is vicariously liable for the negligent acts of SANTINI, and the nurses and staff of FLORIDA UNITED RADIOLOGY, in their failure to properly diagnose, treat, monitor, and care for MAI TUYET NGUYEN and KADEN NGUYEN. Employment a. The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI, were employees of FLORIDA UNITED RADIOLOGY, as their actions were controlled by FLORIDA UNITED RADIOLOGY or were subject to FLORIDA UNITED RADIOLOGY'sright of control, and because at all times hereto they were acting within the scope of their employment;34 Actual Agency, The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI,were actual agents of FLORIDA UNITED RADIOLOGY as FLORIDA UNITED RADIOLOGY had authorized them to act on their behalf, and because at the time and place of the alleged incident, they were acting within the scope of their authority;35 Apparent Agency The physicians, staff, nurses and ARNP’s, including but not limited to, SANTINI,were apparent agents of FLORIDA UNITED RADIOLOGY, because FLORIDA UNITED RADIOLOGY, through words and/or conduct, caused or allowed MAI TUYET NGUYEN and KADEN NGUYEN to believe that the physicians, staff, nurses and “Cited from Florida Standard Civil Jury Instructions § 402.9(a)(1). * Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). 2896. 97. ARNP’s, including but not limited to, SANTINI,were agents of, and had authority to act for FLORIDA UNITED RADIOLOGY.?¢ As a result of these legal relationships with SANTINI, and the nurses and staff of FLORIDA UNITED RADIOLOGY, FLORIDA UNITED RADIOLOGYVis vicariously liable for their acts of negligence. As a direct and proximate result of the negligent conduct of FLORIDA UNITED RADIOLOGY’s employees, agents and/or apparent agents, including but not limited to SANTINI, MAL TUYET NGUYEN suffered a wrongful death. The following damages are claimed pursuant to Section 768.21, Florida Statutes: a. KHAl NGUYEN, as husband of MAI TUYET NGUYEN, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of companionship and protection; mental pain and suffering; and any medical and funeral expenses paid by him. These losses are permanent and continuing in nature, and KHAl NGUYEN will continue to suffer these losses in the future;37 KRISTEN HUYNH, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KRISTEN HUYNH will continue to suffer these losses in the future;38 KYLIE NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services *Cited from Florida Standard Civil Jury Instructions § 402.9(a)(2). *’Cited from Florida Standard Civil Jury Instructions § 502.2(d) Cited from Florida Standard Civil Jury Instructions § 502.2(e). 2998. 99. 100. from the date of MAl TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KYLIE NGUYEN will continue to suffer these losses in the future;?? d. KADEN NGUYEN, minor child of MAI TUYET NGUYEN, by and through, KHAI NGUYEN, as personal representative of the estate, claims lost support and services from the date of MAI TUYET NGUYEN’s injury to her death; future loss of support and services; loss of parental companionship, instruction and guidance; and mental pain and suffering. These losses are permanent and continuing in nature and KADEN NGUYEN will continue to suffer these losses in the future;4° e. The estate of decedent, MAl TUYET NGUYEN, claims loss of earnings from the date of injury to the date of death, loss of net accumulations, and medical and funeral expenses paid by the estate.4! As a direct and proximate result of the negligent conduct of FLORIDA UNITED RADIOLOGY’s employees, agents and/or apparent