A tragic case of alleged medical negligence has surfaced in Palm Beach County, Florida. On August 28, 2024, Michael McCauley and Bethany Davis filed a complaint in the Circuit Court of the Fifteenth Judicial Circuit against St. Mary's Medical Center, Inc., Dr. Ernesto M. Cabrera, Emergency Pediatric Services, PA, Dr. Chantal M. Murphy, and South Florida Anesthesia & Pain Treatment, PA.
The plaintiffs are acting as personal representatives of the estate of Charles McCauley, who died under the care of the defendants in August 2023. According to the complaint, Charles McCauley presented at St. Mary’s Medical Center with difficulty breathing and was diagnosed with croup. The medical staff involved included Dr. Ernesto M. Cabrera and Dr. Chantal M. Murphy.
The core allegation is that both doctors failed to establish an airway for Charles McCauley in a timely manner through proper intubation or other means, leading to his death. "The Defendants in this matter failed to timely establish a proper airway which was the cause of death of CHARLES McCAULEY," states the complaint.
Michael McCauley and Bethany Davis assert that all presuit requirements were met before filing this lawsuit and that they have complied with Chapter 766 of Florida Statutes regarding medical malpractice claims.
The plaintiffs allege that St. Mary's Medical Center and its associated physicians had a duty to exercise reasonable care consistent with prevailing professional standards but failed to do so. They claim that this breach directly resulted in Charles McCauley's death.
The lawsuit seeks damages exceeding $50,000 for pain and suffering endured by Michael McCauley and Bethany Davis due to the loss of their son. They also seek compensation for medical and funeral expenses incurred as a result of Charles's untimely death.
Attorney Kevin C. Smith from Lytal Reiter Smith Ivey & Fronrath represents the plaintiffs in this case (Case No.: 502024CA008230XXXAMB).