Jean Fitzgerald has filed a medical negligence complaint against the Medical Center Radiology Group of Drs. Curry, Harding, George, and Eliscu, P.A. The lawsuit was filed in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on May 23, 2024.
The complaint stems from an incident on February 18, 2022, when Jean Fitzgerald visited the emergency department at Bayfront Hospital in St. Petersburg, Florida after fracturing her left leg in a fall. During her evaluation, x-rays were taken and sent to radiologist Dr. Alexander J. Fernandez for interpretation. According to the lawsuit, Dr. Fernandez failed to identify and report a lateral tibial plateau fracture and lipohemarthrosis present on the x-rays.
Fitzgerald's legal team argues that this oversight led to an undiagnosed evolving compartment syndrome which resulted in permanent injury to her left leg. The plaintiff asserts that this failure constitutes medical negligence under Florida Statutes Chapter 766 and that all conditions precedent to bringing this action have been met or waived.
The complaint further alleges that Dr. Fernandez’s review of the x-rays was conducted under an agreement between Medical Center Radiology Group and Bayfront HMA Medical Center, LLC for providing radiology services to patients at Bayfront HMA Medical Center. The lawsuit claims that due to Dr. Fernandez's negligence, Fitzgerald’s treating physicians were unable to diagnose her condition timely, leading to severe complications.
As a result of these alleged negligent acts, Fitzgerald claims she has suffered significant physical and emotional distress including pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life as well as financial burdens from medical expenses and loss of earning capacity.
Fitzgerald is seeking compensatory damages exceeding $50,000 exclusive of interest and costs along with any other relief deemed appropriate by the court. She also demands a jury trial for all triable issues.
Representing Jean Fitzgerald are attorneys Lee D. Gunn IV and Janet A. Durkee from Gunn Law Group P.A., based in Tampa, Florida.
The case is presided over by Judge Ken Burke under Case Number: 24-002275-ClI.