A Florida amended complaint alleged that on May 8, 2023, Jane Doe presented to the Cape Coral Hospital emergency department due to complications with her foley catheter following a hysterectomy. During this visit, the Does allege
that Physician Assistant Marten Karlsson inappropriately performed a vaginal exam that Doe felt she was forced to undergo. At the time of Doe’s visit to the emergency department, Karlsson was under the supervision of Dr. Burley, a Florida licensed physician. Shannon Rice was a Florida Registered Nurse employed by Lee Health.
The amended complaint further alleged that following an unsuccessful attempt to flush and replace Doe’s catheter, Karlsson instructed Nurse Rice to keep pushing fluids until the clog cleared. Nurse Rice returned to Doe with another nurse who instructed Nurse Rice to replace the catheter for a second time. When the second catheter was inserted, Doe’s bladder drained. Karlsson allegedly returned and advised Doe that after speaking with the on-call urologist, he was going to perform a vaginal exam. Doe refused to give consent, demanded a female physician, and requested Karlsson to contact her gynecologist. Doe explained to Karlsson that her gynecologist told her that nothing should be inserted into her vagina for several weeks following her procedure. Doe also requested someone from the obstetrics department to be brought in, which Karlsson allegedly would not allow. After Karlsson and Nurse Rice both advised Doe that there was no female physician or physician assistant working anywhere in the emergency department, Doe felt she had no choice but to undergo the exam.
On December 5, 2024, the Does served a notice of intent to initiate litigation against Karlsson, along with an expert affidavit of Amanda M. Kane, M.D. F.A.C.O.G., a board-certified gynecologist. The Does filed their initial complaint
on March 11, 2025, followed by their amended complaint on May 15, 2025, asserting various claims against Karlsson, Cape Coral Emergency Physicians, Dr. Burley, Nurse Rice, and Lee Health. The Does asserted claims against Dr. Burley for negligent supervision (Count XI), vicarious liability (Count XII), and loss of consortium (Count XIII); against Nurse Rice for fraudulent inducement (Count XIV) and loss of consortium (Count XV); and against Lee Health for vicarious liability (Count XVI) and loss of consortium (Count XVII).
Dr. Burley, Nurse Rice, and Lee Health moved to dismiss the claims against them for failure to comply with the presuit requirements for medical malpractice actions in chapter 766.
The Sixth District Court of Appeal State of Florida stated in its April 10, 2026 decision: “In the case at hand, the misconduct is alleged to have occurred in the emergency department of a hospital during the course of what Karlsson represented to be a legitimate and necessary medical examination after consulting with the on-call urologist. The amended complaint alleges in specific detail how Karlsson allegedly performed the examination in an inappropriate manner, refused Doe’s requests to consult her gynecologist and to locate a female provider, and ignored Doe’s repeated pleas to stop. Dr. Kane’s affidavit, which was attached to the notice of intent served on Karlsson, further details all the ways in which Karlsson allegedly deviated from the applicable standard of care in conducting the examination and in his treatment of Doe when she came to the emergency room. Based on these allegations, it is clear that Karlsson’s alleged misconduct arose from the rendering of medical care or services and thus falls within the statutory definition of a claim for medical malpractice.”
“Accordingly, because each of the claims at issue arose directly from Karlsson’s rendering of medical services to Doe, they are medical malpractice claims which required compliance with the presuit notice requirements in chapter 766.102(5)(a). Additionally, the Does failed to provide the notice of intent or the corroborating affidavit to Nurse Rice or Lee Health, and there was no mention of Nurse Rice, either by name or job description, in the affidavit. Therefore, the claims at issue should have been dismissed. We grant the petitions and quash the denial of Petitioners’ motions to dismiss as it pertains to the claims against Dr. Burley, Nurse Rice, and Lee Health. As the trial court previously found, the notice of intent the Does served on Karlsson was insufficient as to Dr. Burley because Dr. Kane’s corroborating
affidavit did not meet the “same specialty” requirement set forth in section.”
Source Cape Coral Emergency Physicians, LLC v. Jane Doe, Case Nos. 6D2025-1964, 6D2025-1978.
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