Patient says surgeon, medical facilities caused permanent injuries

By Noddy A. Fernandez | Jul 10, 2018

ORLANDO — A married couple is suing a doctor, medical facility and property owner, alleging insufficient measures were taken to prevent injuries, loss of consortium and vicarious liability.

ORLANDO — A married couple is suing a doctor, medical facility and property owner, alleging insufficient measures were taken to prevent injuries, loss of consortium and vicarious liability.

Mary C. Garner and Jay Garner filed a complaint June 22 in Orange County Circuit Court against Dr. Donald Behrmann, Fairbanks Partners LLC, doing business as Orlando Neurosurgery PA and Backworks, LLC, alleging the defendants negligently failed to exercise reasonable and proper care in providing medical treatment.

According to the complaint, between Nov. 15, 2016, and April 3, 2017, Mary Garner had a cervical spine surgery performed by the defendants. However, after several other surgeries, the suit says, she suffered and continues to sustain serious neurological problems that resulted in her permanent disability, pain, suffering, mental anguish, loss of capacity for the enjoyment of life, substantial medical expenses and aggravation of previously existing conditions. 

This also resulted in her husband's loss of support, love comfort and attention of his spouse, the lawsuit states. 

The plaintiffs allege the defendants negligently failed to exercise reasonable and proper care in providing medical treatment to patients, causing serious and permanent damages.

The Garners seek trial by jury, damages in excess of $15,000, plus attorney fees, court costs, interest and all other relief deemed just and proper. They are represented by attorney Jeffrey S. Badgley of Badgley Law Group in Orlando.

Orange County Circuit Court case number 18CA006756

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