Plaintiff Mark R. Mohan alleged in his Florida medical malpractice case that Karl M. Hagen, M.D. performed an appendectomy procedure on him to remove his inflamed appendix on May 8, 2011. When the hospital pathologist performed a perfunctory examination on the specimen, he discovered that the surgeon removed Mohan’s healthy, right ureter instead, leaving the inflamed appendix behind. The pathologist alerted the surgeon of the mistake and three medical procedures were necessitated thereafter, including removing the inflamed appendix, a procedure to place a nephrostomy tube into the remaining portion of the ureter so that the kidney would drain properly, and another procedure to reconstruct Mohan’s bladder in order for it to be reconnected to what was left of the damaged, severed ureter.
Mohan alleged that for many years preceding Mohan’s surgery at South Lake Hospital (“SLH”), Dr. Hagen was involved in several adverse incidents, which called Dr. Hagen’s competence and qualifications into question. Dr. Hagen was the
subject of several malpractice suits and prosecutions by the Secretary of the Department of Health and State of Florida and by the State of California’s Medical Board. The State of Florida prosecuted Dr. Hagen in October 2006 for wrong-site surgery resulting in the patient’s death, and in October 2007, for multiple failures to meet the required standard of care resulting in a patient’s death. These same circumstances led to an investigation by the State of California’s Medical Board, and thereafter that Board revoked Dr. Hagen’s license.
Mohan further alleged that despite the malpractice lawsuits, prosecutions, substantial number of adverse incidents,
and Dr. Hagen’s known propensity as a heavy alcohol consumer while on call, Orlando Health ignored Dr. Hagen’s conduct and continued to grant medical staff privileges to him without conditions. As a result of Orlando Health’s failure to provide appropriate oversight and governance to the credentialing and privileging process at SLH, Dr. Hagen operated on Mohan and performed a wrong-site surgery.
Mohan further alleged that in the weeks following the wrong-site surgery, Orlando Health (also referred to as the
hospital’s governance) conducted an investigation during which Dr. Hagen’s privileges were suspended. During this process, Dr. Hagen admitted culpability for the incident and that he had a drinking problem. Orlando Health concluded that Dr. Hagen’s drinking problem was the reason for the wrong-site surgery performed on Mohan, and Dr. Hagen was forced to resign his privileges permanently at SLH.
Mohan sought to amend his Florida medical malpractice complaint to his complaint to add a claim for punitive damages, arguing that the evidence provided a reasonable basis for recovery of such damages resulting from Dr. Hagen’s conduct in performing a wrong-site surgery and Orlando Health’s conduct in being actively and knowingly involved in the repeated reappointments of Dr. Hagen.
The trial court concluded that Mohan met the procedural requirements for pleading punitive damages by presenting a reasonable showing of evidence either proffered or filed of record. The defendants appealed.
The Fifth District Court of Appeal State of Florida stated in its May 24, 2024 opinion: “We find that there is sufficient evidence that Longacre, appointed by Orlando Health, was intimately involved in the decision to re-credential Dr. Hagen. Thus, the only issue that remains is whether Appellees established a reasonable factual basis for their punitive damage claims, and we conclude that Appellees’ proffer and the record evidence support a claim for punitive damages. Because Appellees do not allege intentional misconduct (that Orlando Health or its managing agent knowingly or intentionally pursued the re-appointment of Dr. Hagen with the actual knowledge of a high probability that injury or damage would occur), their complaint focuses on gross negligence.”
“However, Orlando Health correctly argues that since the trial court granted SLH’s motion for judgment on the pleadings as to the count of negligent credentialing against SLH, and because Dr. Hagen was an employee of SLH, Orlando Health cannot be held liable in any fashion for compensatory or punitive damages based upon the alleged negligent credentialing of Dr. Hagen … “[W]hen a principal’s liability rests solely on the doctrine of respondeat superior, a principal cannot be held liable if the agent is exonerated.””
Source Orlando Health, Inc. v. Mohan, Case No. 5D2023-1596.
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