Filing # 173831426 E-Filed 05/23/2023 06:21:03 PM
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`IN THE CIRCUIT COURT OF THE 11th
`JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`GENERAL JURISDICTION DIVISION
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`CASE NO.:
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`Plaintiffs,
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`CAROLYN MARTIN, AS PLENARY
`GUARDIAN OF ADRIANA MARTIN SERRA;
`DIANA M. SERRA; ELIZABETH M. SERRA;
`AND VICTORIA M. SERRA;
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`
`vs.
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`SARAH WATSON, D.O.,
`SOUTH MIAMI CRITICARE, INC.,
`SOUTH MIAMI HOSPITAL, INC., and
`BAPTIST HOSPITAL OF MIAMI, INC.,
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`Defendants.
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`______________________________________/
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`COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
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`COME NOW the Plaintiffs, Carolyn Martin, as Plenary Guardian of Adriana Martin Serra,
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`Diana M. Serra, Elizabeth M. Serra, and Victoria M. Serra, by and through their undersigned
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`attorney, and sue the Defendants, Sarah Watson, D.O., South Miami Criticare, Inc., South Miami
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`Hospital, Inc., and Baptist Hospital of Miami, Inc., and allege:
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`JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES
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`This is an action which exceeds the minimum jurisdictional limits of this Court,
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`1.
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`exclusive of interest and costs.
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`2.
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`At all times material to this action, one or more of the Defendants resided and/or
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`maintained offices for the regular transaction of business in Miami-Dade County, Florida.
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`3.
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`At all times material to this action the Plaintiff, Carolyn Martin, is sui juris and is
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`the duly appointed Plenary Guardian of her incapacitated sister, Adriana Martin Serra.
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`4.
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`Carolyn Martin and Adriana Martin Serra are residents of Miami-Dade County,
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`Florida.
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`5.
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`Adriana Martin Serra has three (3) daughters: Diana M. Serra, Elizabeth M. Serra,
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`and Victoria M. Serra who are sui juris and residents of Miami-Dade County.
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`6.
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`At the time of the incident described herein, Diana M. Serra, Elizabeth M. Serra,
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`and Victoria M. Serra were unwed and dependent financially on their mother, Adriana Martin
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`Serra.
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`7.
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`Prior to the incident described herein, Adriana Martin Serra was gainfully
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`employed without limitations or disability.
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`8.
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`9.
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`Adriana Martin Serra is now totally and completely disabled.
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`At all times material to this action, the Defendant, SARAH WATSON, D.O.,
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`(hereafter “Dr. Watson”) maintained offices for the regular transaction of business in Miami-Dade
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`County, Florida. Further, the Defendant, Dr. Watson was and is sui juris.
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`10.
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`At all times material to this action, the Defendant, SOUTH MIAMI CRITICARE,
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`INC., (hereafter “Criticare”), a corporation formed under the laws of the State of Florida,
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`maintained offices for the regular transaction of business in Miami-Dade County, Florida. The
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`Defendant, Criticare, undertook to provide physicians to perform medical services and supervision
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`of those medical services performed by its own employees, agents, apparent agents, and servants.
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`Defendant, Criticare, held itself out to the public and to Adriana Martin Serra, in particular, as an
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`entity qualified to render medical services, including but not limited to, any and all services
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`attendant to the medical services performed by Dr. Watson.
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`11.
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`At all times material to this action, the Defendant, SOUTH MIAMI HOSPITAL,
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`INC., (hereafter “South Miami”), located in Miami-Dade County, Florida, was authorized to and
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`engaged in the business of providing medical care and services to the public, in general, and to
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`Adriana Martin Serra in particular. South Miami, through its shareholders, officers, agents,
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`apparent agents, employees, and/or servants, undertook to provide hospital and medical services,
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`and supervision of such hospital and medical services performed by its officers, agents, apparent
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`agents, employees and/or servants. Pursuant to this undertaking and pursuant to any and all
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`licensing and permitting regulations with any and all applicable governmental authorities, South
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`Miami held itself out to the public and to Adriana Martin Serra in particular, as outlined in more
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`detail below, as an institution qualified to render hospital and medical care, including but not
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`limited to, any and all services attendant to the medical services performed by the healthcare
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`providers caring for her including, but not limited to, the nurses assigned to care for her, and Dr.
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`Watson. In fact, prior to the more fully described below Emergency Department visit, Adriana
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`Martin Serra did not know, nor did she have a pre-existing relationship with any of the
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`aforementioned healthcare providers. All of the care that Adriana Martin Serra received while a
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`patient at South Miami was afforded to her as a direct result of her presentation to the South Miami
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`Emergency Department on October 15, 2021.
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`12.
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`At all times material to this action, the Defendant, BAPTIST HOSPITAL OF
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`MIAMI, INC., (hereafter “Baptist”), located in Miami-Dade County, Florida, was authorized to
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`and engaged in the business of providing medical care and services to the public, in general, and
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`to Adriana Martin Serra in particular. Baptist, through its shareholders, officers, agents, apparent
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`agents, employees, and/or servants, undertook to provide hospital and medical services, and
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`supervision of such hospital and medical services performed by its officers, agents, apparent
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`agents, employees and/or servants. Pursuant to this undertaking and pursuant to any and all
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`licensing and permitting regulations with any and all applicable governmental authorities, Baptist
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`held itself out to the public and to Adriana Martin Serra in particular, as outlined in more detail
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`below, as an institution qualified to render hospital and medical care, including but not limited to,
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`any and all services attendant to the medical services performed by the healthcare providers caring
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`for her including, but not limited to, the emergency department physician Radha Kotamraju, M.D.,
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`and nurses assigned to care for her. In fact, prior to the more fully described below Hospitalization,
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`Adriana Martin Serra did not know, nor did she have a pre-existing relationship with any of the
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`aforementioned healthcare providers. All of the care that Adriana Martin Serra received while a
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`patient at Baptist was afforded to her as a direct result of her presentation to the Baptist Emergency
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`Department on October 17, 2021 and subsequent admission.
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`AGENCY
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`13.
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`At all times material to this action, the Defendant, Dr. Watson was and/or still is
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`the actual agent, servant, employee and/or apparent agent of the Defendant, Criticare, and was
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`acting within the course and scope of her employment and/or agency agreement.
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`14.
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`Additionally, and/or alternatively, at all times material to this action, the Defendant,
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`Dr. Watson was and/or still is the actual agent, servant, employee, and/or apparent agent of the
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`Defendant, South Miami, and was acting within the course and scope of her employment and/or
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`agency agreement.
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`15.
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`At all times material to this action, Radha Kotamraju, M.D., the registered nurses,
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`technicians, and administrative personnel were and/or still are the actual agents, servants,
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`employees, and/or apparent agents of the Defendant, Baptist, and were acting within the course
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`and scope of their employment and/or agency agreement.
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`COMPLIANCE WITH CONDITIONS PRECEDENT OF
`FLORIDA STATUTES §766.106(2)
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`16.
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`A Notice of Intention to Initiate Litigation against the defendants named herein was
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`duly provided and acknowledged in accordance with the requirements of §766.106(2), Fla. Stat.
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`(2021), and Fla. R. Civ. Pro 1.650. Specifically, a Notice of Intent to Initiate Litigation in
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`compliance with §766.106 was provided to the defendants named herein or to an individual or
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`entity who bears a legal relationship to said defendants in compliance with Fla. R. Civ. Pro 1.650.
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`17.
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`This action is properly brought within two (2) years of when the negligent incident
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`occurred or within two (2) years within the date when the alleged negligence could have been
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`discovered with the exercise of due diligence and not later than four (4) years of when the incident
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`occurred.
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`18.
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`Any and all conditions precedent to the filing of this lawsuit have been complied
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`with or have otherwise been waived.
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`19.
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`Through counsel’s signature of this Complaint, it is hereby certified, pursuant to
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`§766.203, Fla. Stat. (2021) that counsel for the Plaintiff, prior to the filing of this action, has made
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`a reasonable investigation, as permitted by the circumstances, to determine that there are grounds
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`for a good faith belief that there has been negligence in the care and treatment of Adriana Martin
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`Serra. Further, such reasonable investigation has given rise to a good faith belief that grounds
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`exist for an action against the Defendants.
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`FACTS GIVING RISE TO CAUSE OF ACTION
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`20.
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`Adriana Martin Serra (hereafter “Adriana”) was an otherwise healthy, 58-year-old
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`female, and mother of three daughters, Diana Marie Serra (26 years old), Elizabeth Marie Serra
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`(20 years old) and Victoria Marie Serra (19 years old).
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`21.
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`Adriana was gainfully employed as a Florida licensed Optician (license number
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`DO2556) at LensCrafters for nearly 30 years.
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`22.
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`Adriana had a remote past medical history of uterine cancer, in remission for over
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`5 years, and was very active and able to perform all activities of daily living.
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`23.
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`On Tuesday, October 12, 2021, Adriana presented to the Baptist Health Urgent
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`Care secondary to “Covid-19 symptoms.” Adriana’s Covid-19 test was negative. As a result,
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`Adriana left the facility in the hopes that she had a simple cold and would improve within 24-48
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`hours.
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`24.
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`Thereafter, on Friday, October 15, 2021, Adriana, accompanied by her mother,
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`presented to the Emergency Department of South Miami Hospital secondary to fever, chills,
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`generalized weakness and a steady decline.
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`25.
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`Adriana arrived at 2:50 PM and was evaluated by Dr. Watson and Svetlana Shurik,
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`APRN.
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`26.
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`Adriana complained of generalized weakness, fatigue, chills, nausea, vomiting, and
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`fever “since a week ago.”
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`27.
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`At 3:00 PM, Adriana’s temperature was recorded as 103.1º and at 3:11 PM, it was
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`recorded as 103.82º. Her vital signs were otherwise stable.
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`28.
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`Dr. Watson ordered diagnostic studies, which revealed an elevated lipase of 811,
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`hyponatremia (Na of 130), and neutrophilia (absolute neutrophil count of 9.99).
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`29.
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`Adriana’s diagnostic studies were negative for Covid, influenza, parainfluenza, and
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`adenovirus.
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`30.
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`At 3:51 PM, Adriana was administered 650 mg Tylenol and started on intravenous
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`fluids. Notwithstanding, Adriana continued to complain of generalized weakness, and fever, and
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`at 5:03 PM, her temperature was recorded as 100.94º despite the administration of Tylenol.
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`31.
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`A urinalysis revealed elevated acetone (ketones), elevated protein, elevated white
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`blood cells and red blood cells. A CT of the abdomen and pelvis were reported as normal.
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`32.
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`Thereafter, at 8:01 PM, discharge orders were placed, yet it was not until 9:32 PM
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`that Adriana was actually discharged from South Miami with an erroneous and baseless diagnosis
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`of “urinary tract infection,” fever, elevated lipase, dehydration, and weakness.
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`33.
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`Adriana was given a prescription for a 14-day course of Bactrim and was advised
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`to follow up with her primary care physician in 1-2 days.
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`34.
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`Adriana did not have absolutely any signs, symptoms, or a basis for a urinary tract
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`infection diagnosis, and, further, Dr. Watson failed to provide an explanation for the extremely
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`elevated temperature, the weakness, vomiting, fatigue, steady decline, and/or Adriana’s
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`significantly abnormal labs.
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`35.
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`Unfortunately, in light of the erroneous diagnosis of a “urinary tract infection” and
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`a prescription for Bactrim, Adriana stayed in bed with persistent and progressive decline and
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`symptoms for two (2) days thereafter.
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`36.
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`Then, on Sunday, October 17th, 2021 at 6:53 PM, Adriana was taken to the
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`Emergency Department of Baptist Hospital by her daughter, with complaints of generalized
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`weakness, diarrhea, and “barely walking or talking.”
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`37.
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`Upon physical exam by the Emergency Department physician, Dr. Radha
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`Kotamraju noted Adriana to be febrile, drowsy, and lethargic.
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`38.
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`Dr. Kotamraju noted that Adriana had just been discharged from South Miami
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`Hospital for a UTI, and that Adriana was a “poor historian” with her daughter at bedside providing
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`the history.
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`39.
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`Dr. Kotamraju ordered preliminary diagnostic studies and, more particularly, at
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`8:09 PM, Dr. Kotamraju ordered the administration of Zosyn1 and vancomycin2.
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`40.
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`Thereafter, at 9:05 PM, Advanced Practice Registered Nurse Lorena Lourido, re-
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`evaluated Adriana while she was still in the Emergency Department and noted that Adriana was
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`lethargic with a flat affect, and Adriana’s daughter reported to her that Adriana had been having
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`episodes of confusion and incontinence.
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`41.
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`Accordingly, at 9:22 PM, APRN Lourido ordered a CT of the brain, STAT,
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`secondary to “altered mental status.”
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`42.
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`The decision was made to admit Adriana for further work-up and care and as such,
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`at 10:47 PM, Hospitalist, Dr. Parthiv Patel, evaluated Adriana, and ordered the administration of
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`cefepime3 empirically, and an Infectious Disease consult.
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`43.
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`44.
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`However, acyclovir was not ordered empirically.
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`At 10:56 PM Adriana’s vital signs were within normal limits, and she had a
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`Glasgow Coma Scale (GCS) of 15.
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`45.
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`The following morning, October 18th, 2021, at 2:13 AM, NEARLY 5 HOURS
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`after it had been ordered on a STAT basis by the Emergency Department and more than seven
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`(7) hours after her initial presentation to the South Miami Emergency Department, the CT of the
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`brain was finally performed.
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`46.
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`Said study revealed critical findings, in particular, “nonspecific focal hypodensity
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`in medial right temporal lobe, correlate with MRI and neurological consultation.”
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`1 Zosyn was administered at 9:33 Pm on October 17, 2021.
`2 Vancomycin was not administered until 2:47 AM the following day, October 18, 2021, as the “order fell
`off.”
`3 Cefepime was not administered until 10:01 AM, the following day, October 18, 2021.
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`47.
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`The interpreting radiologist, Dr. Navid Nouri, in light of his findings and concerns,
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`contacted Veronica Beaulieu, RN at 2:18 AM and communicated said critical findings to her.
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`48.
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`Despite said findings entirely consistent with herpes encephalitis and Adriana’s
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`clinical presentation, nothing further was done at that time. More particularly, acyclovir was not
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`started.
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`49.
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`Finally, at 3:30 AM, Maria Cordero, ARNP, evaluated Adriana at the bedside and
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`she discussed the case with Dr. Judy Somers, Hospitalist, who ordered a STAT MRI of the brain
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`and a STAT neurology consult.
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`50.
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`51.
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`At 7:15 AM, Adriana had a recorded temperature of 103.1º.
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`Thereafter, at 9:12 AM, six (6) hours after it had been ordered on a STAT basis,
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`the MRI of the brain was performed and said study revealed abnormal signal in the right medial
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`temporal lobe with a concern for herpes encephalitis.
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`52.
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`At 9:17 AM, Dr. Javier Alvarado, Internal Medicine, after having discussed the
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`MRI findings with the neuroradiologist, ordered the administration of Acyclovir.
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`53.
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`At 10:40 AM, more than seven (7) hours after the “STAT” neurology consult was
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`ordered, Dr. Sergio Jaramillo, Neurologist, examined Adriana and noted that Adriana was lethargic
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`and nonverbal, and a lumbar puncture would be performed.
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`54.
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`Finally, at 10:49 AM on October 18th, 2021, acyclovir was administered, some
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`15 hours after her arrival to Baptist Hospital and approximately two-and-a-half days / 60
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`hours after she was discharged from South Miami Hospital.
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`55.
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`Thereafter, at 10:54 AM Dr. Stacey E. Baker, Infectious Disease, evaluated Adriana
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`and noted that she was obtunded.
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`56.
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`The lumbar puncture was performed and revealed Herpes Simplex Virus (HSV).
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`57.
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`At approximately 3:55 PM, Adriana was placed on an EEG monitor, and at 5:00
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`PM, her GCS was 13.
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`58.
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`Incredibly, at 5:20 PM, rather than being transferred to the Intensive Care Unit,
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`Adriana was transferred to the HOPE building for “close neurological monitoring;” and upon
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`arrival at 5:24 PM her GCS was 14.
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`59.
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`However, at 7:00 PM, Adriana was reported to be disoriented, obtunded, exhibiting
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`weakness in her extremities and now had a GCS of 7. Her respiratory rate was noted to be 26.
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`60.
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`For the reminder of the evening of October 18th, 2021, particularly, at 9:00 pm and
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`11:00 pm, Adriana was tachypneic (30 breaths per minute and 33 breaths per minute, respectively),
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`had a GCS of 7 and remained febrile (103.1º) while in the HOPE building.
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`61.
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`Thereafter, throughout all of Tuesday, October 19th, 2021, Adriana remained
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`lethargic and encephalopathic with a GCS of 7 and 9. Salvador Vanegas, RN noted that Adriana
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`failed the dysphagia screening and continued to have decreased responsiveness.
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`62.
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`A CT of the brain performed at 6:18 AM revealed hypodensity in the right temporal
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`region, not surprisingly, increased from previous study.
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`63.
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`Arterial blood gasses reported at 6:45 AM revealed hyponatremia of 130.6, and
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`decreased Rp-pCO2 of 29.0.
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`64.
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`Adriana was evaluated by Dr. Hany Samir and Dr. Andrew Calzadilla, Intensivists,
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`Dr. Jaramillo, Dr. Alvarado and Dr. Baker. All physicians noted that Adriana was not responding,
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`communicating, and was severely tachypneic4 and febrile. Despite same, no further interventions
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`were ordered or performed.
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`4On Tuesday, October 19, 2021, Adriana’s respiratory rate was 27 at 5:00 AM, 31 at 6:00 AM, 28 at 9:00
`AM, 31 at 11:00 AM, 31 at 1:00 PM, 23 at 4:00 PM, 27 at 7:30 PM, and 35 at 10:00 PM.
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`65.
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`The following morning, Wednesday, October 20th, 2021, at 1:00 AM and at 3:00
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`AM, Nurse Leidy Paola Landino noted that Adriana would only arouse to “shaking,” and her
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`respiratory rate was 29 and her GCS was 9.
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`66.
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`A repeat of the CT scan of the brain performed at 4:41 AM revealed changes of
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`encephalitis.
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`67.
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`At 10:08 AM, Dr. Baker, interestingly, noted that Adriana continued to have fevers,
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`but was in no acute distress (“NAD”) despite having a GCS score of 9 and being severely
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`encephalopathic and tachypneic.
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`68.
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`At 12:15 PM, Adriana was transferred back to Baptist Main after she had “acutely
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`decompensated” and had rapid shallow breathing.
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`69.
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`Finally, albeit incredibly untimely and after more than 40 hours of severe and
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`sustained tachypnea, at 12:23 PM, see note 4, supra, Dr. Fuentes performed an intubation, during
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`which copious amounts of creamy secretions were noted.
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`70.
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`At 3:46 PM, Dr. Paul Damsky, Neurologist, evaluated Adriana and noted that she
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`had extensive MRI changes and was doing very poorly.
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`71.
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`Adriana remained hospitalized at Baptist Hospital until November 24th, 2021,
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`during which time she underwent the placement of a percutaneous endoscopic gastrostomy tube
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`and tracheostomy.
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`72.
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`Adriana was transferred to Select Specialty Hospital of Miami Lakes where she
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`remained until December 30, 2021. Thereafter, Adriana was transferred to Encompass
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`Rehabilitation where she was hospitalized from December 30, 2021 to February 16, 2022.
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`73.
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`Despite comprehensive care and rehabilitation, Adriana remains both physically
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`and mentally devastated secondary to the unspeakable delays and failures to timely treat her
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`condition.
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`74.
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`As a direct result of the negligent management and treatment described above,
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`Adriana Martin Serra has sustained profound and irreversible neurological and cognitive deficits,
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`disability, and other damages.
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`COUNT ONE
`CLAIM AGAINST SARAH WATSON, D.O.
`NEGLIGENCE
`
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`The Plaintiffs adopt and reallege Paragraphs 1 through 74, and further allege:
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`75.
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`At all times material hereto, the Defendant, SARAH WATSON, D.O., was and is
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`a doctor of osteopathic medicine, licensed to practice medicine in the State of Florida, who held
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`herself out to the public in general and to the Plaintiffs, in particular, as a physician capable of,
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`and who undertook the corresponding duty to Adriana Martin Serra of caring, treating, and
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`providing medical services for her in accordance with that level of care and skill which is
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`recognized as acceptable and appropriate by reasonably prudent, similar healthcare providers in
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`the same or similar community.
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`76.
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`Notwithstanding the aforesaid duties, the Defendant, Dr. Watson breached said
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`duty in that she failed to do one or more of the following acts of omission or commission, any,
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`some, or all of which were a deviation from that level of care and skill which is recognized as
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`acceptable and appropriate by reasonably prudent, similar healthcare providers:
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`a. Failing to properly examine, evaluate, diagnose, and treat Adriana Martin Serra;
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`b. Failing to appreciate the significance of the patient’s history, namely, the duration
`of her reported symptoms (1 week);
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`c. Failing to appreciate the significance of the patient’s elevated lipase level,
`hyponatremia, and neutrophilia;
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`d. Failing to appreciate the significance of the duration and degree of the patient’s
`fever, despite the administration of Tylenol;
`
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`e. Failing to order additional diagnostic studies;
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`f. Failing to perform a thorough and proper neurological examination;
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`g. Negligently and carelessly diagnosing Adriana Martin Serra with a urinary tract
`infection and dehydration;
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`h. Negligently and carelessly failing to further observe and/or admit Adriana Martin
`Serra to South Miami Hospital;
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`i. Negligently and carelessly discharging Adriana Martin Serra from the Emergency
`Department with a diagnosis of urinary tract infection and dehydration;
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`j. Negligently and carelessly prescribing a two-week course of Bactrim;
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`k. Negligently and carelessly giving Adriana Martin Serra discharge instructions that
`were contrary to the acceptable standard of care; and
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`l. Failing to communicate the severity and urgency of Adriana Martin Serra’s
`condition to her.
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`77.
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`As a direct and proximate result of the negligence of the Defendant, Dr. Watson,
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`Adriana Martin Serra was not timely or adequately diagnosed and treated resulting in profound
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`and irreversible neurological and cognitive deficits, disability, and other damages.
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`78.
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`As a direct and proximate result of the above enumerated acts, the Plaintiffs have
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`suffered damages as enumerated in Paragraphs 112-120 and fully incorporated therein.
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`
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`COUNT TWO
`CLAIM AGAINST SOUTH MIAMI CRITICARE, INC.
`VICARIOUS LIABILITY
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`The Plaintiff adopts and realleges Paragraphs 1 through 74, and further alleges:
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`79.
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`Based upon the agency relationship as alleged in Paragraph 13, the Defendant,
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`South Miami Criticare, Inc., is vicariously liable for the negligent acts of Dr. Watson.
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`80.
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`As a direct and proximate result of the negligence of Defendant, South Miami
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`Criticare, Inc.’s employees, servants, agents, or apparent agents, Adriana Martin Serra was not
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`timely or adequately diagnosed and treated resulting in profound and irreversible neurological and
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`cognitive deficits, disability, and other damages.
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`81.
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`As a direct and proximate result of the above enumerated acts, the Plaintiffs have
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`suffered damages as enumerated in Paragraphs 112-120 and fully incorporated therein.
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`COUNT THREE
`CLAIM AGAINST SOUTH MIAMI HOSPITAL, INC.
`NEGLIGENCE
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`The Plaintiff adopts and realleges Paragraphs 1 through 74, and further alleges:
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`82.
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`At all times material hereto, Defendant, South Miami Hospital, Inc., (“South
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`Miami”) had a duty to render proper medical care and treatment to Adriana Martin Serra.
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`83.
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`The Defendant, South Miami, acting through its agents, servants, employees,
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`and/or apparent agents, including, but not limited to, its registered nurses, nurse practitioners,
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`attending physicians, staff physicians, physicians’ assistants, and ancillary staff operating within
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`South Miami, breached that duty and were negligent in one or more of the following acts of
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`omission or commission:
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`a. Failing to properly examine, evaluate, diagnose, and treat Adriana Martin Serra;
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`b. Failing to appreciate the significance of the patient’s history, namely, the duration
`of her reported symptoms (1 week);
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`c. Failing to appreciate the significance of the patient’s elevated lipase level,
`hyponatremia, and neutrophilia;
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`d. Failing to appreciate the significance of the duration and degree of the patient’s
`fever, despite the administration of Tylenol;
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`e. Failing to order additional diagnostic studies;
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`f. Failing to perform a thorough and proper neurological examination;
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`Page 14 of 23
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`g. Negligently and carelessly diagnosing Adriana Martin Serra with a urinary tract
`infection and dehydration;
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`h. Negligently and carelessly failing to further observe and/or admit Adriana Martin
`Serra to South Miami Hospital;
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`i. Negligently and carelessly discharging Adriana Martin Serra from the Emergency
`Department with a diagnosis of urinary tract infection and dehydration;
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`j. Negligently and carelessly prescribing a two-week course of Bactrim;
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`k. Negligently and carelessly giving Adriana Martin Serra discharge instructions that
`were contrary to the acceptable standard of care; and
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`l. Failing to communicate the severity and urgency of Adriana Martin Serra’s
`condition to her.
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`84.
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`The acts and omissions of the Defendant, South Miami, described above were
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`negligent and below the applicable standard of care for accredited hospitals in Miami-Dade
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`County, Florida, and were below the standard set forth in §766.102, Florida Statutes.
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`85.
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`As a direct and proximate result of the negligence of the Defendant, South Miami,
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`Adriana Martin Serra was not timely or adequately diagnosed and treated resulting in profound
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`and irreversible neurological and cognitive deficits, disability, and other damages.
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`86.
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`As a direct and proximate result of the above enumerated acts, the Plaintiffs have
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`suffered damages as enumerated in Paragraphs 112-120 and fully incorporated therein.
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`COUNT FOUR
`CLAIM AGAINST SOUTH MIAMI HOSPITAL, INC.
`VICARIOUS LIABILITY BASED ON APPARENT AGENCY
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`The Plaintiff adopts and realleges Paragraphs 1 through 74, and further alleges:
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`87.
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`At all times material, the Defendant, South Miami, held out Dr. Watson as being
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`its employee, agent, and/or apparent agent of South Miami, and promoted its medical staff and
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`represented them as being their direct employees or actual agents through internet advertising,
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`brochures, and through indicia of agency within South Miami.
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`88.
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`South Miami represented and manifested to the patient that its medical staff,
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`including Dr. Watson, were acting as its employees, agents, and/or apparent agents in various
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`ways, including but not limited to the following:
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`a. South Miami had the right to and did in fact exercise control over its physicians,
`physician’s assistants, nurse practitioners, and nurses;
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`b. The physicians, physician’s assistants, nurse practitioners, and nurses were acting
`within the scope of their employment;
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`c. The physicians, physician’s assistants, nurse practitioners, and nurses worked at the
`facility known as South Miami Hospital;
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`d. The physicians, physician’s assistants, nurse practitioners, and nurses were specifically
`identified in marketing/promotional materials that advertised South Miami’s quality
`and credentials of “its team;”
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`e. The Emergency Department of South Miami is owned and operated by the Defendant,
`South Miami Hospital, Inc., which provides all physicians, physician’s assistants, nurse
`practitioners, and ancillary personnel with medical supplies, medicines, equipment, and
`multiple rules, regulations, policies and procedures;
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`f. Payment for many of the medical services afforded to Adriana Martin Serra while she
`was a patient of South Miami was made directly to South Miami Hospital, Inc.;
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`g. The physicians, physician’s assistants, nurse practitioners, and nurses were required to
`wear badges/name tags/lab coats provided by South Miami which bear the South
`Miami Hospital name and logo. Said badges/name tags/ lab coats were required by
`South Miami to be worn; and
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`h. The physicians, physician’s assistants, nurse practitioners, and nurses were held out to
`the patient as being members of South Miami’s medical staff.
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`89.
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`Adriana Martin Serra believed, and was reasonable in her belief, that the physicians,
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`nurse practitioners, nurses, and ancillary personnel were acting as employees or agents on behalf
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`of the Defendant, South Miami, and were never given any reason to believe otherwise.
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`90.
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`Further, Adriana Martin Serra justifiably and reasonably relied upon South Miami’s
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`multiple representations through their promotional materials, advertising, videos, and conduct in
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`that regard when she sought out medical services from South Miami’s attending physicians.
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`91.
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`Accordingly, Adriana Martin Serra accepted treatment from South Miami’s
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`physicians, physician’s assistants, nurse practitioners, nurses, and ancillary personnel, believing
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`that such treatment was being provided by Defendant, South Miami.
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`92.
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`All of South Miami’s promotional materials including but not limited to websites,
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`brochures, commercials, print ads, etc. were designed and/or intended to depict and/or foster the
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`appearance of an agency relationship between the Defendant, South Miami, and its attending
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`specialists.
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`93.
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`Adriana Martin Serra relied to her detriment on her belief that the physicians,
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`physician’s assistants, nurse practitioners, nurses, and ancillary personnel were direct employees
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`or actual agents of the Defendant, South Miami, in that the patient followed the advice,
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`recommendations, and plan of care of the physicians, physician’s assistants, nurse practitioners,
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`nurses, and ancillary personnel, and, but for those multiple representations, she would have sought
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`care elsewhere.
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`94.
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`Based upon the agency relationship as alleged in Paragraph 14, South Maimi is
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`vicariously liable for the negligent acts of its apparent agents.
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`95.
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`As a direct and proximate result of the negligence of the Defendant, South Miami,
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`Adriana Martin Serra was not timely or adequately diagnosed and treated resulting in profound
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`and irreversible neurological and cognitive deficits, disability, and other damages.
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`96.
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`As a direct and proximate result of the above enumerated acts, the Plaintiffs have
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`suffered damages as enumerated in Paragraphs 112-120 and fully incorporated therein.
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`Page 17 of 23
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`COUNT FIVE
`CLAIM AGAINST BAPTIST HOSPITAL OF MIAMI, INC.
`NEGLIGENCE
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`The Plaintiff adopts and realleges Paragraphs 1 through 74, and further alleges:
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`97.
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`At all times material hereto, Defendant, Baptist Hospital of Miami, Inc.,
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`(“Baptist”), had a duty to render proper medical care and treatment to Adriana Martin Serra.
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`98.
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`The Defendant, Baptist, acting through its agents, servants, employees, and/or
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`apparent agents, including, but not limited to, its administrative personnel, registered nurses, nurse
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`practitioners, attending physicians, staff physicians, physicians’ assistants, and ancillary staff
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`operating Baptist, breached that duty and were negligent in one or more of the following acts of
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`omission or commission:
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`a. Failing to properly examine, evaluate, diagnose, and treat Adriana Martin Serra;
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`b. Failing to appreciate the significance of the patient’s history, symptoms, and
`complaints;
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`c. Failing to order/recommend the timely administration of the proper antimicrobial
`therapy, i.e., acyclovir (delay of approximately 15 hours);
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`d. Failing to ensure that STAT neuro-imaging was performed timely;
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`e. Failing to order/recommend a STAT lumbar puncture;
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`f. Failing to order a STAT consult with an Infectious Disease specialist;
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`g.