A Florida couple has filed a lawsuit against a prominent hospital, alleging severe medical negligence that resulted in significant injuries. David J. Hayes and his wife, Kim R. Hayes, lodged their complaint against Morton Plant Hospital Association, Inc., doing business as Morton Plant North Bay Hospital (MPNBH), in the Circuit Court of the Sixth Judicial Circuit in Pinellas County on June 28, 2024.
The plaintiffs' case centers around an incident that occurred on November 17, 2021. David J. Hayes had been transferred to MPNBH from Advent Health Carrollwood following a complex spinal surgery involving multilevel bilateral laminectomy, facetectomy, and foraminotomy. Upon his arrival at MPNBH, he was experiencing significant pain and required various medications for pain management and muscle relaxation.
According to the complaint, the morning after his transfer, nursing staff at MPNBH served David J. Hayes a breakfast tray with coffee in a Styrofoam cup without offering any assistance. Unaware that the coffee was scalding hot, Hayes took a sip and subsequently dropped the cup into his lap due to the extreme temperature of the liquid. This mishap resulted in first and second-degree burns to his genitals and inner thighs.
The plaintiffs allege that MPNBH's nursing staff failed to meet the prevailing professional standard of care by serving scalding hot coffee without assistance and neglecting to properly assess and document Hayes' burn injuries throughout his admission. Additionally, they claim that prescribed Silvadene burn cream was not administered as ordered.
David J. Hayes asserts that these lapses led to severe bodily injury causing ongoing pain and suffering, disability, disfigurement, mental anguish, and loss of enjoyment of life—damages he believes are permanent. The lawsuit also includes a count for loss of consortium by Kim R. Hayes, who claims she has suffered due to her husband's injuries through expenses related to hospitalization and medical care as well as loss of companionship and support.
The plaintiffs seek compensatory damages exceeding $50,000 exclusive of interest, attorney’s fees, and costs. They are also asking for any further relief deemed just by the court.
Representing the plaintiffs are attorneys Janet A. Durkee and Lee D. Gunn IV from Gunn Law Group P.A., based in Tampa, Florida.