Filing # 130733289 E-Filed 07/15/2021 02:13:42 PM
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`Plaintiff,
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`GERALD TEPLER, as Proposed Personal
`Representative of the ESTATE of JOANNE
`TEPLER, deceased,
`
`
`
`v.
`
`ELIZABETH ETKIN-KRAMER, M.D.,
`ELIZABETH ETKIN-KRAMER, M.D., LLC,
`CARRIE J.W. HORST, D.O. and
`DIAGNOSTIC CENTER FOR WOMEN,
`LLC,
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`
`
`
`Defendants.
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`/
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`IN THE CIRCUIT COURT OF THE 11th
`JUDICIAL CIRCUIT,
`IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CIRCUIT CIVIL DIVISION
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`CASE NO.:
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`
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`COMPLAINT
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`The Plaintiff GERALD TEPLER, as Proposed Personal Representative of the ESTATE of
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`
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`
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`JOANNE TEPLER, deceased, sues the Defendants, ELIZABETH ETKIN-KRAMER, M.D.,
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`ELIZABETH ETKIN-KRAMER, M.D., LLC, CARRIE J.W. HORST, D.O. and DIAGNOSTIC
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`CENTER FOR WOMEN, LLC, and alleges as follows:
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`1.
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`This is a medical negligence case in which the damages at issue are more than
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`Thirty Thousand ($30,000.00) Dollars exclusive of costs, interest and attorney's fees.
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`2.
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`At all times material hereto, Joanne Tepler and Gerald Tepler were residents of
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`Miami-Dade County, Florida.
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`4.
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`Defendant ELIZABETH ETKIN-KRAMER, M.D. (hereinafter “Defendant
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`ETKIN-KRAMER”) is a Gynecologist and at all relevant times was practicing her specialty in
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`
`
`
`
`Plaintiff,
`
`GERALD TEPLER, as Proposed Personal
`Representative of the ESTATE of JOANNE
`TEPLER, deceased,
`
`
`
`v.
`
`ELIZABETH ETKIN-KRAMER, M.D.,
`ELIZABETH ETKIN-KRAMER, M.D., LLC,
`CARRIE J.W. HORST, D.O. and
`DIAGNOSTIC CENTER FOR WOMEN,
`LLC,
`
`
`
`
`Defendants.
`
`
`
`
`
`
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`
`
`
`
`
`
`
`/
`
`IN THE CIRCUIT COURT OF THE 11th
`JUDICIAL CIRCUIT,
`IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CIRCUIT CIVIL DIVISION
`
`CASE NO.:
`
`
`
`
`
`
`
`
`
`
`
`
`
`COMPLAINT
`
`The Plaintiff GERALD TEPLER, as Proposed Personal Representative of the ESTATE of
`
`
`
`
`
`JOANNE TEPLER, deceased, sues the Defendants, ELIZABETH ETKIN-KRAMER, M.D.,
`
`ELIZABETH ETKIN-KRAMER, M.D., LLC, CARRIE J.W. HORST, D.O. and DIAGNOSTIC
`
`CENTER FOR WOMEN, LLC, and alleges as follows:
`
`1.
`
`This is a medical negligence case in which the damages at issue are more than
`
`Thirty Thousand ($30,000.00) Dollars exclusive of costs, interest and attorney's fees.
`
`2.
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`At all times material hereto, Joanne Tepler and Gerald Tepler were residents of
`
`Miami-Dade County, Florida.
`
`4.
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`Defendant ELIZABETH ETKIN-KRAMER, M.D. (hereinafter “Defendant
`
`ETKIN-KRAMER”) is a Gynecologist and at all relevant times was practicing her specialty in
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`
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`Miami-Dade County, Florida as the principal and/or agent and/or employee of the Defendant,
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`ELIZABETH ETKIN-KRAMER, M.D., LLC.
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`5.
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`At all times material hereto, the Defendant, ELIZABETH ETKIN-KRAMER, M.D.,
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`LLC., (hereinafter “Defendant KRAMER LLC”), was and is a Florida limited liability company
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`doing business in Miami-Dade County, Florida as a medical service provider.
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`5.
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`Defendant CARRIE J.W. HORST, D.O. (hereinafter “Defendant HORST”) is a
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`radiologist and at all relevant times was practicing her specialty in Miami-Dade County, Florida
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`as an agent and/or employee of the Defendant, DIAGNOSTIC CENTER FOR WOMEN, LLC.
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`6.
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`At all times material hereto, the Defendant, DIAGNOSTIC CENTER FOR
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`WOMEN, LLC, (hereinafter “Defendant DIAGNOSTIC CENTER”), was and is a Florida limited
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`liability company doing business in Miami-Dade County, Florida as a medical service provider.
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`6.
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`Plaintiff has complied with all requirements of Fla. Stat. § 766, et seq. and all
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`conditions precedent to the bringing of this action.
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`7.
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`Counsel for Plaintiff hereby certifies that a reasonable investigation has been
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`undertaken in connection with this case and said investigation has given rise to a good faith belief
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`that grounds exist for an action against the defendants.
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`FACTS
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`8.
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`From November 6, 2017, through July 22, 2019, Joanne Tepler was under the care
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`of Defendant ETKIN-KRAMER as her Gynecologist at Defendant KRAMER LLC.
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`9.
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`During the aforementioned time period Defendant ETKIN-KRAMER identified
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`Mrs. Tepler as a high risk for Uterine Cancer.
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`10.
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`Despite Mrs. Tepler’s high risk for uterine cancer, Defendant ETKIN-KRAMER
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`treated her on an as needed, P.R.N. basis.
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`11.
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`During that forementioned time period, Mrs. Tepler underwent pelvic ultrasounds
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`taken at Defendant DIAGNOSTIC CENTER.
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`12.
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` On February 12, 2018, Mrs. Tepler underwent a pelvic ultrasound at Defendant
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`DIAGNOSTIC CENTER that was interpreted by Defendant HORST.
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`13.
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` During the aforementioned time period, Mrs. Tepler had endometrial cancer that
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`was not diagnosed.
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`14.
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`On April 17, 2020, Mrs. Tepler was hospitalized at Mt. Sinai Hospital where it was
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`discovered that she was suffering from metastatic uterine cancer which had metastasized to the
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`spine causing metastatic cancerous tumors to grow in her spine which required emergency surgery.
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`She was further diagnosed with Stage IV uterine cancer and has a poor prognosis.
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`15. Mrs. Tepler died from complications caused by her uterine cancer on October 17,
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`2020.
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`16.
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`as follows:
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`COUNT I – NEGLIGENCE
`DEFENDANT ELIZABETH ETKIN-KRAMER, M.D.
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`Plaintiff realleges the allegations in paragraphs (1) through (15) and further alleges
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`17.
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`Defendant ETKIN-KRAMER had a duty to provide competent and appropriate
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`medical care and treatment to Joanne Tepler.
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`18.
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`Defendant ETKIN-KRAMER breached that duty, was negligent and fell below the
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`applicable standard of care in the following respects:
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`(a)
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`(b)
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`(c)
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`Failing to schedule a follow up appointment after the visit and
`ultrasound results of November 15, 2017;
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`Failing to properly inform the patient on November 15, 2017,
`of the rick of cancer in her reproductive system;
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`Failing to schedule her on November 15, 2017, forthwith for a
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`D&C in the Operating Room;
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`In discharging the patient from her care on November 15,
`2017, and noting that the patient is to follow up PRN;
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`In failing to follow up with the patent after the November 15,
`2017, to ascertain status;
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`In failing to review the 2/12/2018 Pelvic Transvaginal
`Ultrasound report;
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`In failing to contact the patient after obtaining the Pelvic
`Transvaginal Ultrasound report;
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`In failing to schedule a D&C in an operating room in February
`2018 after the Pelvic Transvaginal Ultrasound;
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`In failing to properly follow the patient after February 2018;
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`In failing to note that the patient was given a prescription for
`pelvic imaging;
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`In failing to appreciate the patent’s history when she was seen
`again on July 22, 2019;
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`In scheduling a follow up appointment in one year on July 22,
`2019, with the history that this patient had with Defendant.
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`(d)
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`(e)
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`(k)
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`(l)
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`19.
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`The actions and omissions of the Defendant ETKIN-KRAMER described in
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`paragraph (18) above, were negligent and below the standard of care set forth in Fla. Stat.
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`§766.102, i.e., below that level of care, skill and treatment which in light of all relevant
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`circumstances, was considered appropriate by reasonably careful gynecologists under same or
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`similar circumstances.
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`20.
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`As a direct and proximate result of those acts and omissions, Joanne Tepler died
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`and Plaintiff GERALD TEPLER suffered the damages described more fully below.
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`COUNT II – NEGLIGENCE
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`DEFENDANT CARRIE J.W. HORST, D.O.
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`Plaintiff realleges the allegations in paragraphs (1) through (15) and further alleges
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`21.
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`as follows:
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`22.
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`Defendant HORST had a duty to provide competent and appropriate medical care
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`and treatment to Joanne Tepler.
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`23.
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`Defendant HORST breached that duty, was negligent and fell below the applicable
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`standard of care in the following respects:
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`(a)
`
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`(b)
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`(c)
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`(d)
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`(e)
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`(f)
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`24.
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`Failing to timely and properly apprise the physician who ordered the Pelvic
`Ultrasound of the results of said Ultrasound;
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`Failing to timely and properly inform the patient of the results of the Pelvic
`Ultrasound;
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`Failing to review the 2/12/2018 Pelvic Transvaginal Ultrasound in a timely manner;
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`In failing to properly follow the patient after February 2018;
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`In failing to note the significance of the patient’s condition in the prescription for
`the Pelvic Transvaginal Ultrasound;
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`In failing to appreciate the patient’s history when she was seen for a Pelvic
`Ultrasound;
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`The actions and omissions of the Defendant HORST described in paragraph (23)
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`above, were negligent and below the standard of care set forth in Fla. Stat. §766.102, i.e., below
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`that level of care, skill and treatment which in light of all relevant circumstances, was considered
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`appropriate by reasonably careful radiologists under same or similar circumstances.
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`25.
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`As a direct and proximate result of those acts and omissions, Joanne Tepler died
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`and Plaintiff GERALD TEPLER suffered the damages described more fully below.
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`COUNT III– VICARIOUS LIABILITY
`ELIZABETH ETKIN-KRAMER, M.D., LLC
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`Plaintiff realleges the allegations contained in paragraphs (1) through (15) and (16)
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`26.
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`through (20) and further alleges as follows:
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`27.
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`Defendant KRAMER LLC is liable to the Plaintiff for damages sustained as a result
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`of the negligence of Defendant ETKIN-KRAMER in that, while providing care and treatment to
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`Joanne Tepler, she was acting within the course and scope of her employment with Defendant
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`KRAMER LLC.
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`28.
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`As a direct and proximate result of the negligence of the Defendants, Joanne Tepler
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`died, and Plaintiff GERALD TEPLER suffered the damages described more fully below.
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`COUNT IV– VICARIOUS LIABILITY
`DIAGNOSTIC CENTER FOR WOMEN, LLC
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`29.
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`Plaintiff realleges the allegations contained in paragraphs (1) through (15) and (21)
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`through (25) and further alleges as follows:
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`27.
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`Defendant DIAGNOSTIC CENTER is liable to the Plaintiff for damages sustained
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`as a result of the negligence of Defendant HORST in that, while providing care and treatment to
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`Joanne Tepler, she was acting within the course and scope of her employment with Defendant
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`DIAGNOSTIC CENTER.
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`28.
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`As a direct and proximate result of the negligence of the Defendants, Joanne Tepler
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`died, and Plaintiff GERALD TEPLER suffered the damages described more fully below.
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`29.
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`DAMAGES
`Plaintiff realleges the allegations contained in paragraphs (1) through (28) and
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`further alleges as follows:
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`30.
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`Plaintiff GERALD TEPLER, as Proposed Personal Representative of the ESTATE
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`of JOANNE TEPLER, deceased, is entitled to and seeks recovery of the following damages from
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`Defendants:
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`a)
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`b)
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`c)
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`d)
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`On behalf of Gerald Tepler, individually as the surviving spouse of Joanne
`Tepler, the value of the loss of Joanne Tepler’s support and services from
`the date of her injury to her death, with interest, and future loss of support
`and services from the date of death and reduced to present value;
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`On behalf of Gerald Tepler, individually as the surviving spouse of Joanne
`Tepler, the loss of Joanne Tepler’s companionship and protection and for
`mental pain and suffering from the date of the injury;
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`Medical and funeral expenses resulting from Joanne Tepler’s injury or death
`paid by survivors; and
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`On behalf of the estate of Joanne Tepler, loss of prospective net
`accumulations of Joanne Tepler’s estate which might have reasonably
`expected but for her wrongful death.
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`
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`WHEREFORE, the Plaintiff, GERALD TEPLER, as Proposed Personal Representative of
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`the ESTATE of JOANNE TEPLER, deceased, demands judgment against Defendants
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`ELIZABETH ETKIN-KRAMER, M.D., ELIZABETH ETKIN-KRAMER, M.D., LLC, CARRIE
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`J.W. HORST, D.O. and DIAGNOSTIC CENTER FOR WOMEN, LLC, and further demands a trial
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`by jury of all issues so triable as a matter of right.
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`DATED this 15th day of July, 2021.
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`LAMBROU LAW P.L.L.C.
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`________________________________
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` By: Lambros Y. Lambrou, Esq.,
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`3201 N. Federal Hwy, Suite 201
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`Fort Lauderdale, Florida 33301
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`P: (954) 947-5555
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`F: (866) 777-8869
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