Suit Accuses Winter Haven Hospital of Negligence
The fire caused second- and third-degree burns to his thigh and right hand, resulting in skin grafts on his thigh and amputation of his fourth and fifth fingers, Ormond Dees said in the lawsuit filed in Circuit Court in Bartow.
His medical malpractice lawsuit also names as defendants Dr. David K. Evans, cardiovascular and thoracic surgeon, and Florida Heart and Vascular Surgeons P.A., the professional association with which Evans is affiliated.
WHH has filed a motion to dismiss the complaint, saying it doesn't specify people for whom the hospital is liable.
Florida Heart and Vascular Surgeons, in its response, alleges that Dees contributed to the injuries and that third persons other than the surgeon were responsible for the injuries Dees sustained.
Dees' lawsuit contends the hospital, including the surgical nurses attending Dees, was negligent by not having proper sterilization solution available, by applying excessive alcohol preparation solution and by failing to allow the alcohol-based solution used "to dry so as to avoid causing a fire." The surgery took place June 7, 2010.
It said having excessive solution caused the solution to pool on the bed sheets, resulting in a fire breaking out during the surgery.
Electrocautery was used for a dissection in a setting where alcohol-based preparation was used to sterilize the groin, the suit said, without sufficient time to let the preparation dry. Alcohol-based preparation was used because nonalcohol-based preparation wasn't available, the suit said, and it contends Evans was careless by using electrocautery in that setting.
Electrocautery is the use of a heated instrument to cauterize or burn tissue.
The suit asks for a jury trial and payment in excess of $15,000, exclusive of interest, cost and lawyer's fees. Dees' lawyer is Robert Aranda of Lakeland.
[ Robin Williams Adams can be reached at robin.adams@theledger.com or 863-802-7558. Read her blog at robinsrx.blogs.theledger.com. Follow on Twitter @ledgerROBIN.
Winter Haven Negligence Lawyers - News
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Man Who Lost Two Fingers Files Lawsuit Against Winter Haven ...
Florida resident Ormond Dees has filed a malpractice lawsuit in Bartow Circuit Court against Winter Haven Hospital alleging medical malpractice after fire broke out during a procedure causing second and third degree burns to his thigh and right hand, and amputation of his fourth and fifth fingers.
In the lawsuit, Dees names cardiovascular and thoracic surgeon Dr. David K. Evans and the Florida Heart and Vascular Surgeons P. A., as defendants, and claims the hospital and attending nursing staff were negligent by not having the proper non-alcoholic sterilization solution nearby, and by using too much alcohol preparation solution, which was not allowed to dry before the procedure began.
The lawsuit alleges that Evans was careless because he used electrocautery equipment in a setting where an alcohol-based preparation solution had been used to sterilize Dees groin and had pooled in the bed sheets causing the fire during a procedure to implant a cardioverter-defibrillator.
Florida Heart and Vascular Surgeons alleges that Dees contributed to the injuries and that persons other than Evans are responsible for the injuries. The Ledger reports that Winter Haven Hospital has filed a motion to dismiss the lawsuit, claiming it does not specify for whom the hospital is liable.
The lawsuit seeks a jury trial and damages in excess of $15,000, plus interest and lawyer fees and costs.
Florida resident Ormond Dees has filed a malpractice lawsuit in Bartow Circuit Court against Winter Haven Hospital alleging medical malpractice after fire broke out during a procedure causing second and third degree burns to his thigh and right hand, and amputation of his fourth and fifth fingers.
In the lawsuit, Dees names cardiovascular and thoracic surgeon Dr. David K. Evans and the Florida Heart and Vascular Surgeons P. A., as defendants, and claims the hospital and attending nursing staff were negligent by not having the proper non-alcoholic sterilization solution nearby, and by using too much alcohol preparation solution, which was not allowed to dry before the procedure began.
The lawsuit alleges that Evans was careless because he used electrocautery equipment in a setting where an alcohol-based preparation solution had been used to sterilize Dees groin and had pooled in the bed sheets causing the fire during a procedure to implant a cardioverter-defibrillator.
Florida Heart and Vascular Surgeons alleges that Dees contributed to the injuries and that persons other than Evans are responsible for the injuries. The Ledger reports that Winter Haven Hospital has filed a motion to dismiss the lawsuit, claiming it does not specify for whom the hospital is liable.
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