Filing # 67999299 E-Filed 02/15/2018 10:17:09 AM
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`‘
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`IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
`IN AND FOR PINELLAS COUNTY, FLORIDA
`CIVIL DIVISION
`PAMELA MITCHELL, personally and on
`behalf of and as parent and natural guardian
`of KINGSTON PIERCE,
`
`Plaintiff,
`
`V.
`
`BAYFRONT HMA MEDICAL CENTER,
`LLC d/b/ a Bayfront Medical Center, and
`BETH C. DINER, MD,
`
`Defendants. M
`
`Case No:
`
`Plaintiff, PAMELA MITCHELL, personally and on behalf of and as parent and natural
`guardian of KINGSTON PIERCE, by and through her undersigned attorney, sues Defendants,
`BAYFRONT HMA MEDICAL CENTER, LLC d/b/a BAYFRONT MEDICAL CENTER, and
`BETH C. DINER, MD, and alleges as follows:
`
`1.
`
`GENERAL ALLEGATIONS
`That this is an action for damages that exceeds FIFTEEN THOUSAND
`DOLLARS AND NO/CENTS ($15,000.00).
`This action arose in Pinellas County, Florida
`That PAMELA MITCHELL, personally and on behalf of and as parent and
`3.
`natural guardian of KINGSTON PIERCE, was at all times material hereto, a resident of Pinellas
`
`2.
`
`County, Florida.
`
`***ELECTRONICALLY FILED 02/15/2018 10:17:08 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
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`
`
`‘
`
`IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
`IN AND FOR PINELLAS COUNTY, FLORIDA
`CIVIL DIVISION
`PAMELA MITCHELL, personally and on
`behalf of and as parent and natural guardian
`of KINGSTON PIERCE,
`
`Plaintiff,
`
`V.
`
`BAYFRONT HMA MEDICAL CENTER,
`LLC d/b/ a Bayfront Medical Center, and
`BETH C. DINER, MD,
`
`Defendants. M
`
`Case No:
`
`Plaintiff, PAMELA MITCHELL, personally and on behalf of and as parent and natural
`guardian of KINGSTON PIERCE, by and through her undersigned attorney, sues Defendants,
`BAYFRONT HMA MEDICAL CENTER, LLC d/b/a BAYFRONT MEDICAL CENTER, and
`BETH C. DINER, MD, and alleges as follows:
`
`1.
`
`GENERAL ALLEGATIONS
`That this is an action for damages that exceeds FIFTEEN THOUSAND
`DOLLARS AND NO/CENTS ($15,000.00).
`This action arose in Pinellas County, Florida
`That PAMELA MITCHELL, personally and on behalf of and as parent and
`3.
`natural guardian of KINGSTON PIERCE, was at all times material hereto, a resident of Pinellas
`
`2.
`
`County, Florida.
`
`***ELECTRONICALLY FILED 02/15/2018 10:17:08 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
`
`
`
`That at all times material hereto, the Defendant, BAYFRONT HMA MEDICAL
`4.
`CENTER, LLC d/b/a Bayfront Medical Center, hereinafter referred to as “BAYFRONT
`MEDICAL CENTER”, was a Florida corporation and considered a health care facility, as
`defined in Chapter 395 , Fla. Stat, doing business through its agents in Pinellas County, Florida.
`That at all times material hereto, the Defendant, Beth C. Diner, MD, was a
`
`5.
`
`resident of and doing business in Pinellas County, Florida.
`That at all times material hereto, Defendant, Beth C. Diner, MD, was an employee
`
`6.
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`of Defendant, Bayfront Medical Center and acting Within the course and scope of her
`
`employment with Defendant, Bayfront Medical Center when treating Plaintiff.
`
`7.
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`That at all times material to this Complaint, Plaintiff complied with the pre-suit
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`procedure set forth in Chapter 766, Fla. Stat.
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`8.
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`That a Notice of Intent to initiate litigation for medical malpractice was mailed to
`
`Bayfront Medical Center on June 7, 2017 and received by Bayfront Medical Center on or about
`
`June 13, 2017. The Notice of Intent included a medical expert opinion corroborating reasonable
`
`grounds to support the claim of medical negligence and all required attachments.
`
`9.
`
`That a Notice of Intent to initiate litigation for medical malpractice was mailed to
`Beth C. Diner, MD on June 7, 2017, and received by Beth C. Diner, MD on or about June 9,
`2017. The Notice of Intent included a medical expert opinion corroborating reasonable grounds
`
`to support the claim of medical negligence and all required attachments.
`That on or about April 2, 2016, PAMELA MITCHELL was admitted to
`10.
`BAYFRONT MEDICAL CENTER, for labor and delivery of her child.
`
`
`
`COUNT 1: NEGLIGENCE - BAYFRONT MEDICAL CENTER
`Plaintiff hereby incorporates by reference all preceding paragraphs 1-10 above as
`
`11.
`
`if fully set forth herein.
`
`That during the admission of April 2, 2016, it was known or should have been
`12.
`known that PAMELA MITCHELL was at risk for complications to her and her unborn child
`during the labor and delivery of KINGSTON PIERCE.
`
`That notwithstanding this knowledge, Defendant Bayfront Medical Center
`13.
`ignored the risks and deviated from the standard of care in its treatment of PAMELA
`MITCHELL and KINGSTON PIERCE and that deviation caused or contributed to permanent
`left brachial plexus injury to KINGSTON PIERCE due to their negligent use of maneuvers and
`
`excessive lateral traction in the face of shoulder dystocia.
`
`Defendant Bayfront Medical Center, was negligent and breached their duty to act
`14.
`Within the stande of care by and through its agents, servants, and/or employees, by the
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`following acts:
`
`a. failing to develop and implement an adequate and appropriate plan to deliver
`the child, KINGSTON PIERCE;
`
`b. failing to properly provide and/or implement appropriate health care to prevent
`injuries to the child, KINGSTON PIERCE, namely permanent left brachial plexus injury;
`
`0. failing to provide the appropriate protection and intervention to prevent injuries
`to the child, KINGSTON PIERCE, namely permanent left brachial plexus injury;
`
`(1. negligently using maneuvers and excessive force during delivery; and
`e. causing a hazard which led to KINGSTON PIERCE’S permanent left brachial
`
`plexus injury.
`
`
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`15. That as a result of Defendant's, Bayfront Medical Center’s medical negligence,
`KINGSTON PIERCE suffered and continues to suffer injuries which include, but are not limited
`
`to, permanent left brachial plexus injury.
`16. That Plaintiff, PAMELA MITCHELL, personally and on behalf of and as parent and
`natural guardian of KINGSTON PIERCE, has been required to retain the law firm of Singha
`Law Group, and has incurred legal fees and expenses in bringing this action.
`That Plaintiffs counsel certifies by signing this Complaint that she has made a
`
`17.
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`reasonable investigation which gave rise to a good faith belief that grounds exist for an action
`
`against the Defendant, Bayfront Medical Center.
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`18. That all conditions precedent have been met prior to bringing this action.
`WHEREFORE the Plaintiff, PAMELA MITCHELL, personally and on behalf of and as
`parent and natural guardian of KINGSTON PIERCE, demands judgment for damages against the
`Defendant, Bayfront Medical Center, costs of this action, and hereby demands a trial by jury.
`
`COUNT 2: NEGLIGENCE — BETH C. DINER MD
`Plaintiff hereby incorporates by reference all preceding paragraphs 1-10 above as
`
`19.
`
`if fully set forth herein.
`
`That during the admission of April 2, 2016, it was known or should have been
`20.
`known that PAMELA MITCHELL was at risk for complications to her and her unborn child
`during the labor and delivery of KINGSTON PIERCE.
`That notwithstanding this knowledge, Defendant BETH C. DINER, MD ignored
`21.
`the risks and deviated from the stande of care in her treatment of PAMELA MITCHELL and
`KINGSTON PIERCE and that deviation caused or contributed to permanent left brachial plexus
`
`
`
`injury to KINGSTON PIERCE due to her negligent use of maneuvers and excessive lateral
`
`traction in the face of shoulder dystocia.
`Defendant BETH C. DINER, was negligent and breached her duty to act Within
`22.
`the stande of care by the following acts:
`
`a. failing to develop and implement an adequate and appropriate plan to deliver
`the child, KINGSTON PIERCE;
`
`b. failing to properly provide and/or implement appropriate health care to prevent
`injuries to the child, KINGSTON PIERCE, namely permanent left brachial plexus injury;
`
`0. failing to provide the appropriate protection and intervention to prevent injuries
`to the child, KINGSTON PIERCE, namely permanent left brachial plexus injury;
`
`(1. negligently using maneuvers and excessive force during delivery; and
`e. causing a hazard which led to KINGSTON PIERCE’S permanent left brachial
`
`plexus injury.
`23. That as a result of Defendant BETH C. DINER MD’s medical negligence,
`KINGSTON PIERCE suffered and continues to suffer injuries which include, but are not limited
`
`to, permanent left brachial plexus injury.
`24. That Plaintiff, PAMELA MITCHELL, personally and on behalf of and as parent and
`natural guardian of KINGSTON PIERCE, has been required to retain the law firm of Singha
`Law Group, and has incurred legal fees and expenses in bringing this action.
`That Plaintiffs counsel certifies by signing this Complaint that she has made a
`
`25.
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`reasonable investigation which gave rise to a good faith belief that grounds exist for an action
`against the Defendant, BETH C. DINER, MD.
`26. That all conditions precedent have been met prior to bringing this action.
`
`
`
`WHEREFORE the Plaintiff, PAMELA MITCHELL, personally and on behalf of and as
`parent and natural guardian of KINGSTON PIERCE, demands judgment for damages against
`Defendant, BETH C. DINER, MD, costs of this action, and hereby demands a trial by jury.
`
`cam-ya
`
`Chafica A. Singha, Esquire
`Fla Bar No: 118923
`SPN:02158277
`Singha Law Group
`PO. Box 56424
`St. Petersburg, FL 33732
`Tel: (813) 840-1111
`Fax: (727) 489-2413
`Attorney for Plaintiff
`Chafica@SithaLaw.com
`Nancv@SithaLaw.com
`
`
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