Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Florida Fifth DCA reverses trial court's ruling granting new trial to medical negligence plaintiff on basis that that defense verdict was against manifest weight of the evidence

On March 29, 2016, in Hashmi-Alikhan, M.D. et al v. Staples, et al., No. 5D16-3735, the Florida Fifth DCA reversed a trial court’s ruling which had granted a new trial to a medical negligence plaintiff on the basis that that defense verdict was against the manifest weight of the evidence. The plaintiff and defense experts at trial disagreed on a crucial issue, whether the defendant health care providers should have administered a platelet transfusion for the plaintiff’s husband, who died in the hospital. In granting the plaintiff’s motion for a new trial, the trial court concluded that the plaintiff’s experts “were clearly more credible than the Defendants’ expert witnesses. Plaintiff’s experts concisely ‘zeroed in’ on the relevant facts of the case and applied those facts to the standards of care applicable to the health care providers. On the other hand, Defendants’ experts gave more general opinions, and were not as knowledgeable to the hematological intricacies of the case.” The Fifth DCA rejected this characterization of the evidence: “[w]e have reviewed the expert testimony at trial and find no support for the trial court’s conclusion that Appellee’s experts ‘zeroed in’ on the relevant facts of the case any more than Appellants’ experts. Nor did Appellants’ experts give more general opinions or demonstrate less knowledge of the “hematological intricacies of the case.”