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Filing # 80998886 E-Filed 11/19/2018 02:48:50 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
CASE NO.: 2017-CA-000174 MP
ASHLEY CALZADA and JUAN L. CALZADA,
individually and on behalf of JARIEL LUIS
CALZADA OYUELA, a minor,
Plaintiffs,
VS.
OSCEOLA REGIONAL HOSPITAL d/b/a
OSCEOLA REGIONAL MEDICAL CENTER,
ERIC FRENDAK, CRNA, OSCEOLA
OB/GYN, MICHAEL R. DENARDIS, D.O., OB
HOSPITALIST GROUP, LLC, EZER A
OJEDA, M.D., OSCEOLA ANESTHESIA
ASSOCIATES, PL, RODNEY DEL VALLE,
MD, JMJ FAMILY PRACTICE, INC., JOSE
RAMON FERNANDEZ, M.D., MID-FLORIDA
WOMAN'S CENTER, INC.,
BHUPENDRAKUMAR M. PATEL, M.D.,
PEDIATRIX MEDICAL GROUP, INC.,
PEDIATRIX MEDICAL GROUP OF
FLORIDA, INC., MEDNAX INC., JOSE I.
GIERBOLINI, M.D., JUAN LONGHI, M.D.,
HCA, INC., HCA HEALTH SERVICES OF
FLORIDA, INC., AND HCA HEALTHCARE
SERVICES - FLORIDA, INC.,
Defendants.
/
DEFENDANT’S, BHUPENDRAKUMAR M. PATEL, M.D.,
ANSWER AND AFFIRMATIVE DEFENSES
Defendant, BHUPENDRAKUMAR M. PATEL, M_.D., by and through the
undersigned counsel, hereby files his Answer and Affirmative Defenses to the
Complaint filed by Plaintiffs and state as follows:
1 Dr. Patel admits the allegations contained in paragraph 1 of Plaintiffs’
Complaint for jurisdictional purposes only.
2 Dr. Patel admits that he was and is licensed to practice medicine in the
state of Florida.
3 Dr. Patel admits that he was and is employed by Mid-Florida Woman’s
Center, Inc.
4 Dr. Patel specifically denies that his care and treatment of Ashley Calzada
fell below the accepted standards of care and demands strict proof thereof.
5. Dr. Patel denies each and every other allegation contained in Plaintiff's
Complaint not specifically admitted herein.
AFFIRMATIVE DEFENSES
Defendant, BHUPENDRAKUMAR M. PATEL, M.D., by and through the
undersigned attorneys, alleges the following affirmative defenses:
1 This Defendant is entitled to a set off for all collateral sources paid or
payable pursuant to the applicable Florida Statutes.
2 This Defendant is entitled to a limitation of certain awards against him
pursuant to Florida Statute § 768.81.
3 This Defendant is entitled to a limitation of certain awards against him
pursuant to Florida Statute § 766.118.
4 Plaintiffs’ claim for medical and hospital expenses are limited and/or
barred to the extent that any such expenses have actually been paid or accepted by any
health care provider. Alternatively, Plaintiffs’ claims for expenses due to medical or
hospital treatment are limited to the amount actually paid and owed by Plaintiffs to any
such healthcare provider. See Goble _v. Frohman, 901 So.2d 830 (Fla. 2005) and
Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4th DCA 2003).
5. This Defendant asserts that Plaintiffs’ alleged injuries and damages were
caused, in whole or in part, by persons or entities over whom this Defendant had no
control, and as such, Defendant is not liable for Plaintiffs’ injuries or damages, and
Defendant is entitled to apportion fault to these persons or entities, pursuant to Fabre v.
Martin, 623 So.2d 1182 (Fla. 1993). Defendant is currently unable to identify by name
those persons or entities, but reserves the right to amend its Answer to plead these
persons or entities with more specificity. Furthermore, Defendant conditionally identifies,
pursuant to Nash v. Wells Fargo Guard Services, 678 So.2d 1262 (Fla. 1996), all other
parties to this action who are no longer parties to this action at the time of trial of this
case.
6 This Defendant asserts that the injuries as alleged in the Complaint were
not caused by any act or omission of this Defendant, but rather were caused by an
independent intervening cause.
7 This Defendant asserts that its actions were not a proximate cause of any
injury as asserted in the Complaint.
8. This Defendant incorporates by reference each and every Affirmative
Defense raised by any Co-Defendant.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on November 19, 2018, | electronically filed the
foregoing with the Clerk of Courts by using the ECF system which provides e-service to
the individuals on the attached service list.
s/CRAIG S. FOELS
CRAIG S. FOELS
Florida Bar No.: 880868
Primary E-Mail: sf@eifg-law.com
Secondary E-Mail: jhb@eifg-law.com
nld@eifg-law.com
rkp@eifg-law.com
ESTES, INGRAM, FOELS & GIBBS, P.A.
2600 Lake Lucien Drive, Suite 330
Maitland, FL 32751
(407) 481-9449
Attorneys for MID-FLORIDA WOMAN'S
CENTER, INC., and BHUPENDRAKUMAR M.
PATEL, M.D.
SERVICE LIST
Maria Tejedor, Esquirt Eric F. Ochotorena, Esquir
Diez-Arguelles & Tejedor, P.A. Rissman, Barrett, Hurt, Donahue, McLain &
505 N. Mills Avenue Mangan, P.A.
Orlando, FL 32803 1.N. Dale Mabry Highway, 11th Floor
(407) 705-2880 Tampa, FL 33609
mail@theorlandolawyers.com efo.service@rissman.com
leah theorlandolawyers.com mb.service@rissman.com
Attorney for Plaintiffs Attorney for Ezer A. Ojeda, M.D. and OB
Hospitalist Group, LLC
Ruth C. Osborne, Esquire
McEwan, Martinez & Dukes, P.A. Patrick H. Telan, Esquire
108 E. Central Boulevard Grower, Ketcham, Eide, Telan & Meltz, P.A.
Orlando, FL 32801 Post Office Box 538065
(407) 423-8571 Orlando, FL 32853-8065,
ios@mmdorl.com phtelan@growerketcham.com
Attorney for Eric Frendak, CRNA, Rodney notice@growerketcham.com
del Valle, M.D., and Osceola Anesthesia cboals@growerketcham.com
Associates, P.L. Attorney for Pediatrix Medical Group, Inc.,
Pediatrix Medical Group of Florida, Inc.,
Pierre J. Seacord, Esquire Mednax, Inc., Jose | Gierbolini, M.D., and
Ringer, Henry, Buckley & Seacord, P.A. Juan Longhi, M.D.
Post Office Box 4922
Orlando, FL 32802-4922 John D. Emmanuel, Esquir
service-seacord: ringerhen' .cOMm Buchanan, Ingersoll & Rooney, PC
service-all ringerhen COM 401 E. Jackson St., Suite 2400
Attorney for Osceola OB/GYN and Michael Tampa, FL 33602
R. Denardis, D.O. (813) 222-8180
john.emmanuel@bipc.com
Louis J. La Cava abrina.storno@bpic.com
David S. Nelson Attorney for HCA, Inc., HCA Healthcare
La Cava & Jacobson, P.A. Services of Florida, Inc., and HCA
501 East Kennedy Boulevard, Suite 1250 Healthcare Services-Florida, Inc.
Tampa, FL 33602
llacava lacavajacobson.com Kurt M. Spengler, Esquire
dnelson@lacavajacobson.com Wicker Smith O’Hara McCoy & Ford, P.A.
leddings@lacavajacobson.com Post Office Box 2753
Lnader: lacavajacobson.com Orlando, FL 32802-2753
Attorney for Osceola Regional Hospital (407) 843-3939
d/b/a Osceola Regional Medical Center orlcrtpleadings@wickersmith.com
Attorney for Jose R. Fernandez, M.D. and
Paul R. Borr, Esquire JMJ Practice, Inc.
Tache’, Bronis, Christianson & Descalzo, P.A.
1150 SE 2™ Street, Suite 600
Miami, FL 33131
pborr@tachebronis.com
service@tachebronis.com
Attorney for Osceola Regional Hospital
d/b/a Osceola Regional Medical Center
Preview
Filing # 80998886 E-Filed 11/19/2018 02:48:50 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2017-CA-000174 MP ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, Plaintiffs, VS. OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA REGIONAL MEDICAL CENTER, ERIC FRENDAK, CRNA, OSCEOLA OB/GYN, MICHAEL R. DENARDIS, D.O., OB HOSPITALIST GROUP, LLC, EZER A OJEDA, M.D., OSCEOLA ANESTHESIA ASSOCIATES, PL, RODNEY DEL VALLE, MD, JMJ FAMILY PRACTICE, INC., JOSE RAMON FERNANDEZ, M.D., MID-FLORIDA WOMAN'S CENTER, INC., BHUPENDRAKUMAR M. PATEL, M.D., PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., MEDNAX INC., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., HCA, INC., HCA HEALTH SERVICES OF FLORIDA, INC., AND HCA HEALTHCARE SERVICES - FLORIDA, INC., Defendants. / DEFENDANT’S, BHUPENDRAKUMAR M. PATEL, M.D., ANSWER AND AFFIRMATIVE DEFENSES Defendant, BHUPENDRAKUMAR M. PATEL, M_.D., by and through the undersigned counsel, hereby files his Answer and Affirmative Defenses to the Complaint filed by Plaintiffs and state as follows: 1 Dr. Patel admits the allegations contained in paragraph 1 of Plaintiffs’ Complaint for jurisdictional purposes only. 2 Dr. Patel admits that he was and is licensed to practice medicine in the state of Florida. 3 Dr. Patel admits that he was and is employed by Mid-Florida Woman’s Center, Inc. 4 Dr. Patel specifically denies that his care and treatment of Ashley Calzada fell below the accepted standards of care and demands strict proof thereof. 5. Dr. Patel denies each and every other allegation contained in Plaintiff's Complaint not specifically admitted herein. AFFIRMATIVE DEFENSES Defendant, BHUPENDRAKUMAR M. PATEL, M.D., by and through the undersigned attorneys, alleges the following affirmative defenses: 1 This Defendant is entitled to a set off for all collateral sources paid or payable pursuant to the applicable Florida Statutes. 2 This Defendant is entitled to a limitation of certain awards against him pursuant to Florida Statute § 768.81. 3 This Defendant is entitled to a limitation of certain awards against him pursuant to Florida Statute § 766.118. 4 Plaintiffs’ claim for medical and hospital expenses are limited and/or barred to the extent that any such expenses have actually been paid or accepted by any health care provider. Alternatively, Plaintiffs’ claims for expenses due to medical or hospital treatment are limited to the amount actually paid and owed by Plaintiffs to any such healthcare provider. See Goble _v. Frohman, 901 So.2d 830 (Fla. 2005) and Thyssenkrupp Elevator Corp. v. Lasky, 868 So.2d 547 (Fla. 4th DCA 2003). 5. This Defendant asserts that Plaintiffs’ alleged injuries and damages were caused, in whole or in part, by persons or entities over whom this Defendant had no control, and as such, Defendant is not liable for Plaintiffs’ injuries or damages, and Defendant is entitled to apportion fault to these persons or entities, pursuant to Fabre v. Martin, 623 So.2d 1182 (Fla. 1993). Defendant is currently unable to identify by name those persons or entities, but reserves the right to amend its Answer to plead these persons or entities with more specificity. Furthermore, Defendant conditionally identifies, pursuant to Nash v. Wells Fargo Guard Services, 678 So.2d 1262 (Fla. 1996), all other parties to this action who are no longer parties to this action at the time of trial of this case. 6 This Defendant asserts that the injuries as alleged in the Complaint were not caused by any act or omission of this Defendant, but rather were caused by an independent intervening cause. 7 This Defendant asserts that its actions were not a proximate cause of any injury as asserted in the Complaint. 8. This Defendant incorporates by reference each and every Affirmative Defense raised by any Co-Defendant. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on November 19, 2018, | electronically filed the foregoing with the Clerk of Courts by using the ECF system which provides e-service to the individuals on the attached service list. s/CRAIG S. FOELS CRAIG S. FOELS Florida Bar No.: 880868 Primary E-Mail: sf@eifg-law.com Secondary E-Mail: jhb@eifg-law.com nld@eifg-law.com rkp@eifg-law.com ESTES, INGRAM, FOELS & GIBBS, P.A. 2600 Lake Lucien Drive, Suite 330 Maitland, FL 32751 (407) 481-9449 Attorneys for MID-FLORIDA WOMAN'S CENTER, INC., and BHUPENDRAKUMAR M. PATEL, M.D. SERVICE LIST Maria Tejedor, Esquirt Eric F. Ochotorena, Esquir Diez-Arguelles & Tejedor, P.A. Rissman, Barrett, Hurt, Donahue, McLain & 505 N. Mills Avenue Mangan, P.A. Orlando, FL 32803 1.N. Dale Mabry Highway, 11th Floor (407) 705-2880 Tampa, FL 33609 mail@theorlandolawyers.com efo.service@rissman.com leah theorlandolawyers.com mb.service@rissman.com Attorney for Plaintiffs Attorney for Ezer A. Ojeda, M.D. and OB Hospitalist Group, LLC Ruth C. Osborne, Esquire McEwan, Martinez & Dukes, P.A. Patrick H. Telan, Esquire 108 E. Central Boulevard Grower, Ketcham, Eide, Telan & Meltz, P.A. Orlando, FL 32801 Post Office Box 538065 (407) 423-8571 Orlando, FL 32853-8065, ios@mmdorl.com phtelan@growerketcham.com Attorney for Eric Frendak, CRNA, Rodney notice@growerketcham.com del Valle, M.D., and Osceola Anesthesia cboals@growerketcham.com Associates, P.L. Attorney for Pediatrix Medical Group, Inc., Pediatrix Medical Group of Florida, Inc., Pierre J. Seacord, Esquire Mednax, Inc., Jose | Gierbolini, M.D., and Ringer, Henry, Buckley & Seacord, P.A. Juan Longhi, M.D. Post Office Box 4922 Orlando, FL 32802-4922 John D. Emmanuel, Esquir service-seacord: ringerhen' .cOMm Buchanan, Ingersoll & Rooney, PC service-all ringerhen COM 401 E. Jackson St., Suite 2400 Attorney for Osceola OB/GYN and Michael Tampa, FL 33602 R. Denardis, D.O. (813) 222-8180 john.emmanuel@bipc.com Louis J. La Cava abrina.storno@bpic.com David S. Nelson Attorney for HCA, Inc., HCA Healthcare La Cava & Jacobson, P.A. Services of Florida, Inc., and HCA 501 East Kennedy Boulevard, Suite 1250 Healthcare Services-Florida, Inc. Tampa, FL 33602 llacava lacavajacobson.com Kurt M. Spengler, Esquire dnelson@lacavajacobson.com Wicker Smith O’Hara McCoy & Ford, P.A. leddings@lacavajacobson.com Post Office Box 2753 Lnader: lacavajacobson.com Orlando, FL 32802-2753 Attorney for Osceola Regional Hospital (407) 843-3939 d/b/a Osceola Regional Medical Center orlcrtpleadings@wickersmith.com Attorney for Jose R. Fernandez, M.D. and Paul R. Borr, Esquire JMJ Practice, Inc. Tache’, Bronis, Christianson & Descalzo, P.A. 1150 SE 2™ Street, Suite 600 Miami, FL 33131 pborr@tachebronis.com service@tachebronis.com Attorney for Osceola Regional Hospital d/b/a Osceola Regional Medical Center