A grieving widow has filed a lawsuit against a medical professional, alleging negligence that led to her husband's untimely death. Debra Caswell, as the Personal Representative of the Estate and Survivors of Donald Lynn Caswell, deceased, filed the complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida on June 7, 2024, against Dr. Manuel Tojar.
The case centers around an incident on November 16, 2021, when Donald Lynn Caswell underwent a two-level cervical fusion surgery at Lake Worth Surgical Center. The surgery was performed by Dr. Ross Sherban and anesthesia was administered by Dr. Manuel Tojar. According to the complaint, after the procedure concluded at approximately 12:21 p.m., Mr. Caswell was transferred to the post-anesthesia recovery unit (PACU). It is alleged that Dr. Tojar failed to provide adequate post-anesthesia care and prematurely discharged Mr. Caswell without ensuring he met critical recovery benchmarks such as taking deep breaths, coughing, drinking fluids, and ambulating.
The complaint details how Mr. Caswell's condition rapidly deteriorated after being discharged home into the care of his elderly wife. Despite showing signs of severe respiratory distress—such as snoring indicative of partial airway obstruction—Mr. Caswell did not receive timely medical intervention. He was later rushed to Jupiter Medical Center for cardiopulmonary arrest but succumbed to his injuries on November 18, 2021.
Debra Caswell accuses Dr. Tojar of multiple counts of negligence including failing to adhere to Lake Worth Surgical Center’s policies for post-surgical patient monitoring and discharge procedures. The lawsuit claims that Dr. Tojar should have known about Mr. Caswell's increased risk factors due to his age (72), obesity (BMI of 30), and lack of prior extensive anesthesia exposure which compounded his vulnerability following neck surgery.
In her filing, Mrs. Caswell seeks compensatory damages exceeding $50,000 under Florida’s Wrongful Death Act for funeral expenses and loss of companionship among other damages suffered by herself and her late husband’s estate due to what she describes as substandard medical care provided by Dr. Tojar.
Representing Debra Caswell is attorney Deborah J. Gander from Freedland Harwin Valori & Gander law firm based in Coral Gables and Fort Lauderdale, Florida.