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FLORIDA RECORD

Friday, March 29, 2024

Florida appeals court reverses trial court decision favoring deceased’s mother

Lawsuits
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TALLAHASSEE – A Florida appeals court has reversed a lower trial court favoring the mother of a patient who died at Shands Jacksonville Medical Center.

The First District Court of Appeal, State of Florida, approved on Aug. 24 the appeal by Shands Medical Center, thereby reversing the trial court decision.  

Judge Lon S. Rowe refused to support the lower court ruling because the mother did not obtain a written medical expert opinion supporting her claim within the required time limit, according to court documents.


The trial court had ruled in favor of Eartha Pusha, who sued as representative for the estate of her daughter, Regina Samone Freeman. Shands Jacksonville Medical Center appealed that decision to the First District Court of Appeal, State of Florida. 

Judge Rowe, in reversing the ruling, wrote: “The trial court departed from the essential requirements of law when it concluded that Shands was required to produce Freeman’s confidential medical records in response to Pusha’s incomplete and conflicting requests. Shands did not receive a valid authorization for the release of the records, so it was not required to produce the records.”

He closed by saying that “Because Pusha never obtained a medical opinion and the statute of limitations have expired, her complaint must be dismissed with prejudice. Accordingly, we grant Shands’ petition for writ of certiorari and quash the order.”

Chief Judge Bradford L. Thomas and Judge M. Kemmerly Thomas concurred with Judge Rowe’s ruling.

The reason for the lawsuit was based on the death of Pusha’s daughter on October 5, 2010.  She had entered Shands Medical Center in September 2010 after experiencing heart problems and eventually had surgery for mitral valve replacement. She suffered from complications in the recovery room and was returned to the operating room, but never regained consciousness. Several days later she died, according to court documents.

There were some delays and confusion concerning the legal requirements for requesting the daughter's medical records and the time limits associated with this, according to court documents. 

Shands Medical Center said that there was nothing in a letter from Pusha identifying her as being legally authorized to receive records and the hospital said that no power of attorney was attached, according to court documents.  In addition, the hospital maintained that there were no documents indicating that Pusha or anyone else had been appointed as representative of Freeman’s estate.

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