6 March 2023
Medical Malpractice Defense
PENSACOLA, Fla. — Michael W. Kehoe, a partner in the Pensacola office of Quintairos, Prieto, Wood & Boyer, P.A., defended a family practice physician on claims of medical malpractice.
This case involved a 50+ year-old plaintiff who had developed colon cancer, or its precursor, during the physician’s care. In 2012, test results showed CBC values below the normal range. Plaintiffs claimed the physician failed to diagnose and treat anemia. They also claimed that the doctor never discussed whether the plaintiff ever had a colonoscopy or its results. Plaintiffs’ experts testified that further testing, including a colonoscopy, should have been done which would have prevented the colon cancer and subsequent metastasis.
The defense repeatedly argued for a mistrial based on the plaintiff’s attempt to encourage the jury to use hindsight by which to judge the physician. Although the judge denied the defense’s motion for a mistrial, he cautioned opposing counsel about making hindsight arguments.
The defense established that the 2012 lab results did not warrant further testing. The defense proved that the plaintiff’s previous colonoscopy was discussed and documented. The defense, although unable to propose “hindsight” as inappropriate on the jury’s instructions, did address it during closing argument by suggesting it would be unfair to use “hindsight” to determine if a doctor made an incorrect diagnosis or intervention.
The jury agreed and returned a defense verdict.
# # #
Michael W. Kehoe has over 30 years of practice as lead counsel in jury trials throughout the Florida Panhandle. A partner in the Pensacola office, his practice focuses on a broad range of civil litigation including medical malpractice, professional malpractice, and all aspects of insurance defense including long-term care liability claims. He has attained the highest Peer Review ranking of AV® Preeminent™ from Martindale Hubbell Law Directory. Kehoe received his law degree in 1988 from Florida State University College of Law.
About QPWB Quintairos, Prieto, Wood & Boyer is the largest minority and women owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.