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Filing # 51517155 E-Filed 01/23/2017 04:52:06 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
ASHLEY CALZADA and JUAN L. CASE NO.:
CALZADA, individually and on behalf of
JARIEL LUIS CALZADA OYUELA, a
minor,
Plaintiffs,
v
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, M.D., 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-FLORIDA, INC
Defendants.
/
COMPLAINT
COME NOW, the Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA,
individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, by and through
undersigned counsel, and hereby sues the Defendants, OSCEOLA REGIONAL HOSPITAL
d/b/a) OSCEOLA REGIONAL MEDICAL CENTER, ERIC FRENDAK, CRNA., OSCEOLA
1
OB/GYN, MICHAEL R. DENARDIS, D.O., OB HOSPITALIST GROUP, LLC., EZER A.
OJEDA, M.D., OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D.,
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-FLORIDA, INC._and allege as
follows:
JURISDICTION/VENUE/STATUTORY COMPLIANCE
This is a civil action for damages in excess of FIFTEEN THOUSAND DOLLARS
($15,000.00), the minimal jurisdictional requirement of this court, exclusive of costs, interest,
and attorneys’ fees.
This is a medical malpractice case.
All statutorily required conditions precedent to the maintenance of this action have been
performed, have occurred, or have been waived. All requirements of applicable Florida
Statutes have timely been complied with prior to the filing of this action, to include providing
notice pursuant to Florida Statute 768.28.
There has been a reasonable investigation to determine whether there are grounds for a good
faith belief that there has been negligence in the care and treatment rendered by the
Defendants in this case, which gives rise to this action. As part of that reasonable
investigation, Plaintiffs served Defendants, 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,
M.D., 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-FLORIDA,
INC., with Notices of Intent to Initiate Medical Malpractice Litigation pursuant to Chapter
766, Florida Statutes.
ASHLEY CALZADA is the natural parent of JARIEL LUIS CALZADA OYUELA, a minor.
JUAN L. CALZADA is the natural parent of JARIEL LUIS CALZADA OYUELA, a minor.
FACTS GIVING RISE TO THE CLAIM
On or about January 17, 2012, ASHLEY CALZADA, began prenatal care at JMJ FAMILY
PRACTICE, and was provided care and treatment by JOSE RAMON FERNANDEZ, M.D.
During her pregnancy, she experienced issues related to infection, high white blood counts,
Group B Strep, abdominal pain, nausea, vomiting, preeclampsia, swelling, elevated glucose,
nuchal cord, placenta previa, non-reactive stress tests and fetal distress
On or about June 1, 2012, Ms. CALZADA was seen at OSCEOLA REGIONAL
HOSPITAL, d/b/a OSCEOLA REGIONAL MEDICAL CENTER, (hereinafter "OSCEOLA
REGIONAL MEDICAL CENTER") by EZER S$. OJEDA, M.D., with complaints of
abdominal pain. Ms. CALZADA was discharged from OSCEOLA REGIONAL MEDICAL
CENTER, the same day despite her condition.
On or about July 8, 2012, Ms. CALZADA was admitted to OSCEOLA REGIONAL
MEDICAL CENTER and was evaluated by Marissa Lee, R.N., and BHUPENDRAKUMAR
PATEL, M.D. Ms. CALZADA was accessed and identified with pitting edema, high protein,
high blood pressure, and diagnosed with preeclampsia. The non-stress test (NST) showed
minimal variability and no contractions.
On or about July 9, 2012, the NST was read by Lisa Denarski, R.N, at OSCEOLA
REGIONAL MEDICAL CENTER. The NST revealed prolonged and concerning
decelerations. Dr. PATEL was contacted and notified of the prolonged variable decels. Dr.
PATEL failed to give any orders to treat the impending distress. RN Denarski documented
another prolonged variable decal at 11:00 p.m.
On or about July 10, 2012, Ms. Calzada was discharged by Dr. Fernandez from OSCEOLA
REGIONAL MEDICAL CENTER.
On or about July 12, 2012, around 10:58 am., Ms. CALZADA presented to Dr.
FERNANDEZ at JMJ FAMILY PRACTICE for abdominal pain. His assessment was
generalized abdominal pain, pregnancy induced hypertension, mild pre-eclampsia, and ante
partum condition or complication.
Ms. CALZADA was then admitted to the hospital around 11:32 am. at OSCEOLA
REGIONAL MEDICAL CENTER as a referral from Dr. FERNANDEZ at JMJ FAMILY
PRACTICE, INC. She was provided care and treatment by MICHAEL DENARDIS, D.O.
and Jaymee Stahl, RN. Dr. DENARDIS noted her complaint of abdominal pain in the right
upper quadrant. OSCEOLA REGIONAL MEDICAL CENTERS’ labs and assessment
revealed high protein, high bacteria, high blood pressure, and an elevated white blood cell
count of 19.1. Ms. CALZADA’s Fetal Heart Tones (FHT) were non-reactive with minimal to
zero variability. Fetal heart monitoring was initiated by R.N. Stahl at 12:13 p.m. and the fetus
remained non-reactive. Dr. DENARDIS called to inform Dr. FERNANDEZ and Dr. PATEL
of her condition.
During this time, Ms. CALZADA’s blood pressure was noted to be 158/107.
At approximately 12:50 p.m. a biophysical profile 2/10 was assigned by Dr. DENARDIS, as
well as severe preeclampsia and nonreactive NST. Dr. PATEL and Dr. FERNANDEZ were
contacted to evaluate Ms. CALZADA for a possible c-section.
10. At 12:50 p.m., a US Fetal biophysical profile with NST was performed and displayed no fetal
breathing motion for 28 minutes; no gross body movement or evidence of fetal tone observe;
and an amniotic fluid index (AFI) of 2, giving a biophysical profile of 2/8. The exam was
terminated early by Dr. DENARDIS.
il Ms, CALZADA’ blood pressure continued to rise and was record at 169/114 at 12:51 p.m.
12. Ms. CALZADA was subsequently transferred to the Labor & Delivery Operating Room. Dr.
DENARDIS called and advised Dr. PATEL of the conditions and the need to evaluate Ms.
CALZADA for an expedited c-section.
13 At approximately 1:05 p.m., a c-section was ordered and nonreactive NST's continued.
RODNEY DEL VALLE, M.D., administered anesthesia at 1:45 p.m. and Dr. PATEL began
surgery at 1:55 p.m.
14 Dr. DEL VALLE, and the other healthcare providers administered spinal anesthesia versus
general anesthesia, which resulted in further delay of the emergency c-section.
15 JARIEL LUIS CALZADA OYUELA, was born at 2:05 pm, weighing 1447 grams, at 32 and
4/7 week gestational age. There was a tight nuchal cord noted around the body, hands, feet of
the baby, and the baby was born with significant bruise on his face. Dr. FERNANDEZ,
JOSE 1. GIERBOLINI, MD, and ERIC FRENDAK, CRNA were present in the Labor &
Delivery Operating Room during the delivery of JARIEL LUIS CALZADA OYUELA.
16 On or about July 13, 2012, JARIEL LUIS CALZADA OYUELA, was seen by Dr.
GIERBOLINI. It was noted that JARIEL LUIS CALZADA OYUELA had a fair amount of
bruising on his face and mild jaundice. Additionally, his glucose was low at 22 and 23, and 2
glucose boluses were given.
17 On or about July 25, 2012, JARIEL LUIS CALZADA OYUELA was seen again by Dr.
GIERBOLINI. He noted that he was resolving a cephelohematoma.
18 On or about July 27, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr.
GIERBOLINL. He noted that JARIEL LUIS CALZADA OYUELA may need a CT scan to
discharge if the hematoma is not resolved or unchanged.
19. On or about August 2, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr.
LONGHI. He also noted that JARIEL LUIS CALZADA OYUELA may need a CT scan to
discharge if the hematoma is not resolved or unchanged.
20 On or about August 6, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr.
GIERBOLINI. His discharge summary stated that the hematoma was getting smaller and that
there was a soft lesion in the right occipital area. A CT was never conducted to further
evaluate the cephelohematoma.
21 As a result of the Defendant’s negligence, JARIEL LUIS CALZADA OYUELA suffered and
continues to suffer irreversible and permanent injuries to include, brain damage, global
developmental delay, cerebral palsy, and requires a g-tube for feeding.
COUNT I: NEGLIGENCE OF OSCEOLA REGIONAL HOSPITAL d/b/a/ OSCEOLA
REGIONAL MEDICAL CENTER
Non Delegable Dut
Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above as though
fully set forth herein and further alleges the following:
22 At all times material hereto OSCEOLA REGIONAL MEDICAL CENTER, was and is a
Florida Corporation, licensed and organized under the laws of the State of Florida.
Defendant, OSCEOLA REGIONAL MEDICAL CENTER, operated, maintained, and/or
controlled the hospital known or doing business as OSCEOLA REGIONAL MEDICAL
CENTER, in Kissimmee, Florida.
23 At all times material hereto Defendant, ERIC FRENDAK, CRNA, was and is a certified
registered nurse practitioner licensed by the State of Florida.
24 At all times material hereto Defendant, MICHAEL R. DENARDIS, D.O., was and is a
medical doctor licensed by the State of Florida.
25 At all times material hereto Defendant, EZER A. OJEDA, M.D., was and is a medical doctor
licensed by the State of Florida.
26 At all times material hereto Defendant, RODNEY DEL VALLE, M.D. was and is a medical
doctor licensed by the State of Florida.
27 At all times material hereto Defendant, BHUPENDRAKUMAR M. PATEL, M.D., was and
is a medical doctor licensed by the State of Florida.
28 At all times material hereto Defendant, JOSE I. GIERBOLINI, M.D., was and is a medical
doctor licensed by the State of Florida.
29 At all times material hereto Defendant, JUAN LONGHI, M.D., was and is a medical doctor
licensed by the State of Florida.
30. At all times material hereto, Lisa Denarski, RN., was and is a registered nurse licensed by the
State of Florida.
31 At all times material hereto, Marissa Lee, RN., was and is a registered nurse licensed by the
State of Florida.
32. At all times material hereto, Jaymee Stahl, RN., was and is a registered nurse licensed by the
State of Florida.
33 Defendant, OSCEOLA REGIONAL MEDICAL CENTER, had a non-delegable duty to
provide qualified and competent medical care and treatment within the prevailing
professional standard of care as accepted by reasonably prudent similar health care providers
and (2) to provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL
and
CALZADA, @ minor, in accordance with the general standard of care for providing care
treatment to pregnant patients.
REGIONAL MEDICAL CENTER, by and through its agents,
34 Defendants, OSCEOLA
K,
employees, staff, nurses, and physicians, including but not limited to, ERIC FREDNA
MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL
CRNA,
VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE 1. GIERBOLINI, M.D.,
M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN.,
JUAN LONGHI,
following ways
breached that duty by failing to provide appropriate care and treatment in the
’s injuries:
which caused or substantially contributed to JARTEL LUIS CALZADA OYUELA
a Failing to provide timely and appropriate medical care and treatment to
'
ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor;
Failing to properly treat and refer the patient to a high risk;
Failed to appropriately, monitor ASHLEY CALZADA;
Failing to timely and appropriately monitor and treat hypertension and
symptoms of preeclampsia;
Failing to provide appropriate and necessary fetal heart monitoring;
Failing to timely identify, report, and treat fetal distress;
Failing to advocate, requests, and/or order continuous fetal monitoring via
an intrauterine pressure catheter and intrauterine fetal heart monitor;
Failing to timely perform intrauterine resuscitative measures;
Failing to timely order, recommend, and/or advocate ASHLEY CALZADA
to undergo a C- Section;
Failing to timely perform a c-section;
Failing to provide appropriate anesthesia care in response to call for an
emergency c-section.
Failing to provide timely and appropriate post-delivery care, including but
not limited to, failing to timely ventilate and oxygenate the infant and
provide timely and appropriate treatment for the Hypoxic-Ischemic
Encephalopathy;
Failure to provide appropriate neonatal care and treatment.
Negligently administering Ms. CALZADA, a steroid that increased her risk
of infection;
Failed to conduct radiological studies to properly evaluate the
cephelohematoma.
acts of
35. OSCEOLA REGIONAL MEDICAL CENTER is vicariously liable for the negligent
their physicians, nurses, residents, ARNP’s and staff, including but not limited to, ERIC
FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI,
M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl,
RN,., in their failure to properly diagnose, treat, monitor, and care for ASHLEY CALZADA,
the
and JARIEL LUIS CALZADA OYUELA, a minor, because at all times material hereto,
nurses, residents, ARNP’s, and staff, including but not limited to, ERIC
physicians,
FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI,
LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl,
M.D., JUAN
RN., were employees of OSCEOLA REGIONAL MEDICAL CENTER, as their actions
REGIONAL MEDICAL CENTER, or were subject to
were controlled by OSCEOLA
OSCEOAL REGINOAL MEDICAL CENTER’s right of control, and because at all times
and were
material hereto they were selected by the hospital and not selected by the Plaintiffs,
al, and
acting within the scope of their employment when they provided medical, obstetric
CALZADA, and JARIEL LUIS CALZADA OYUELA, a
nursing care to for ASHLEY
minor.
CALZADA
36. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS
OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability,
for the
disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity
ization, any
enjoyment of life or to be experienced in the future, value or expense of hospital
ability to earn
medical and treatment necessary or to be obtained in the future, and any loss of
money in the future.
10
37. As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and
JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of
earnings for past and future costs, any loss by reason of their child’s injuries of the services,
earnings, or earning ability of their child in the past and the future, economic loss of earnings
in the past and any loss of ability to earn money in the future, value or expense of
hospitalization, treatment necessary or reasonably obtained for the child in the past and in the
future, any loss by reason of injury of their child’s companionship, society, love, affection
and solace in the past and in the future.
WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and
on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against
Defendants, OSCEOLA REGIONAL HOSPITAL d/b/a/ OSCEOLA REGIONAL MEDICAL
CENTER ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA,
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I.
M.D., RODNEY
M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and
GIERBOLINI,
a trial by
Jaymee Stahl, RN., for all compensable damages allowed by law and further demands
jury.
COUNT Il: VICARIOUS LIABILITY OF OSCEOLA REGIONAL HOSPITAL d/b/a/
ITS
OSCEOLA REGIONAL MEDICAL CENTER FOR THE NEGLIGENCE OF
NOT
EMPLOYEES. AGENTS, AND APPARENT AGENTS INCLUDING BUT
D.O., EZER A.
LIMITED TO ERIC FRENDAK, CRNA., MICHAEL R. DENARDIS,
M. PATEL, M_D..
OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR
JOSE 1, GIERBOLINI, M.D., JUAN LONGHL M.D Lisa Denarski, RN. Marissa Lee,
RN., and Jaymee Stahl, RN.
employees,
38. Defendant, OSCEOLA REGIONAL MEDICAL CENTER, by and through their
nurses, residents, ARNP’s and staff, to include but not limited to, ERIC
physicians,
a1
FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI,
M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl,
RN., had a duty to provide medical care and treatment within the prevailing professional
standard of care as accepted by reasonably prudent similar health care providers and to
provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL
CALZADA, a minor, in accordance with the general standard of care for providing care and
treatment to pregnant patients.
39 Defendants, OSCEOLA REGIONAL MEDICAL CENTER, ERIC FREDNAK, CRNA,
MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D.,
BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI,
M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., by and through its
employees, agents, apparent agrents, staff, nurses, and physicians, including but not limited
to and ERIC FREDNAK, CRNA., MICHAEL R. DENARDIS, D.O., EZER A. OJEDA,
M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I.
GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and
in
Jaymee Stahl, RN., breached that duty by failing to provide appropriate care and treatment
A
the following ways which caused or substantially contributed to J ARIEL LUIS CALZAD
OYUELA’s injuries:
a. Failing to provide timely and appropriate medical care and treatment to
ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor;
Failing to properly treat and refer the patient to a high risk;
Failed to appropriately, monitor ASHLEY CALZADA;
12
Failing to timely and appropriately monitor and treat hypertension and
symptoms of preeclampsia;
Failing to provide appropriate and necessary fetal heart monitoring;
Failing to timely identify, report, and treat fetal distress,
Failing to advocate, requests, and/or order continuous fetal monitoring via
an intrauterine pressure catheter and intrauterine fetal heart monitor;
Failing to timely perform intrauterine resuscitative measures,
Failing to timely order, recommend, and/or advocate ASHLEY CALZADA
to undergo a C- Section,
Failing to timely perform a c-section;
Failing to provide appropriate anesthesia care in response to call for an
emergency c-section.
Failing to provide timely and appropriate post-delivery care, including but
not limited to, failing to timely ventilate and oxygenate the infant and
provide timely and appropriate treatment for the Hypoxic-Ischemic
Encephalopathy;
Failure to provide appropriate neonatal care and treatment;
Negligently administering Ms. CALZADA, a steroid that increased her risk
of infection; and
Failed to conduct radiological studies to properly evaluate the
cephelohematoma.
40. OSCEOLA REGIONAL MEDICAL CENTER is vicariously liable for the negligent acts of
their physicians, nurses, residents, ARNP’s and staff, including but not limited to, ERIC
13
FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE 1. GIERBOLINI,
M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl,
RN., in their failure to properly diagnose, treat, monitor, and care for ASHLEY CALZADA,
and JARIEL LUIS CALZADA OYUELA, a minor, because at all times material hereto, the
physicians, nurses, residents, ARNP’s, and staff, including but not limited to, ERIC
FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY
DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI,
M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl,
RN., were employees and agents of OSCEOLA REGIONAL MEDICAL CENTER, as their
actions while treating ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a
subject to
minot, were controlled by OSCEOLA REGIONAL MEDICAL CENTER, or were
OSCEOLA REGIONAL MEDICAL CENTER’s right of control, and because at all times
material hereto in treating ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA,
medical,
a minor, they were acting within the scope of their employment when they provided
obstetrical, and nursing care to for ASHLEY CALZADA, and JARIEL LUIS CALZADA
OYUELA, a minor.
41 In the alternative to employees and agents, the employees were apparent agents.
A. OJEDA,
42. Defendants, ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER
M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I.
Lee, RN., and
GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa
REGIONAL MEDICAL CENTER,
Jaymee Stahl, RN., were apparent agents of OSCEOLA
and place of the
and were acting within the scope of their apparent authority at the time
14
incident in this case. ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A.
OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D.,
JOSE I, GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN.,
and Jaymee Stahl, RN., were apparent agents of OSCEOLA REGIONAL MEDICAL
CENTER. At the time the Plaintiff entered the hospital, the above referenced providers were
selected by the hospital without any input or choice exercised by the Plaintiff's in which the
providers and the hospital provided medical care and treatment through those doctors.
Additionally, OSCEOLA REGIONAL MEDICAL CENTER through its employees, agents,
and/or servants advised the Plaintiffs that the medical providers named above were
employees, agents, and/or servants of the OSCEOLA REGIONAL MEDICAL CENTER.
the conduct of OSCEOLA REGIONAL MEDICAL CENTER, through its
Furthermore,
agents, and/or servants, in providing physicians, healthcare providers, and
employees,
treatment to the Plaintiff, without any input from the Plaintiff, caused the Plaintiff to believe
the
that the physicians were agents or had an authority to act on behalf of the hospital, and
Plaintiff justifiably relied on that relief by accepting the treatment.
FRENDAK, CRNA, MICHAEL R.
43 As a result of their legal relationships with ERIC
D.O., BZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D.,
DENARDIS,
BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINL, M.D., JUAN LONGHI,
the physicians,
M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., and
and staff of OSCEOLA REGIONAL MEDICAL CENTER is
nurses, residents, ARNP’s,
occurred in
vicariously liable for the conduct, to include any and all acts of negligence which
the scope of their employment.
15
44. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS CALZADA
OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability,
disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity for the
enjoyment of life or to be experienced in the future, value or expense of hospitalization, any
medical and treatment necessary or to be obtained in the future, and any loss of ability to earn
money in the future.
45 As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and
JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of
earnings for past and future costs, any loss by reason of their child’s injuries of the services,
earnings, or earning ability of their child in the past and the future, economic loss of earnings
any loss of ability to earn money in the future, value or expense of
in the past and
and in the
hospitalization, treatment necessary or reasonably obtained for the child in the past
affection
future, any loss by reason of injury of their child’s companionship, society, love,
and solace in the past and in the future.
WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually
and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against
Defendants, OSCEOLA REGIONAL HOSPITAL d/b/al/ OSCEOLA REGIONAL
D.O., EZER
MEDICAL CENTER ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS,
A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL,
RN., Marissa
M.D., JOSE 1. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski,
Lee, RN., and Jaymee Stahl, RN., for all compensable damages allowed by law and further
demands a trial by jury.
16
COUNT Il: NEGLIGENCE OF OSCEOLA OB/GYN
AND MICHAEL R. DENARDIS. D.O.
Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above as though
fully set forth herein and further alleges the following:
46. At all times material hereto OSCEOLA OB/GYN, was and is a Florida Corporation, licensed
and organized under the laws of the State of Florida. Defendant, OSCEOLA OB/GYN,
operated, maintained, and/or controlled the physician’s office known or doing business as
OSCEOLA OB/GYN, in Kissimmee, Florida.
47 At all times hereto, Defendant OSCEOLA OB/GYN by and through MICHAEL R.
DENARDIS, D.O, had a duty to provide qualified and competent staff to deliver medical
and treatment within the prevailing professional standard of care as accepted by
care
reasonably prudent similar health care providers and to provide timely and appropriate
in
medical care to ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor,
to pregnant
accordance with the general standard of care for providing care and treatment
patients.
its
48 Defendants, OSCEOLA OB/GYN and MICHAEL R. DENARDIS, D.O. by and through
L
agents, employees, staff, nurses, and physicians, including but not limited to and MICHAE
treatment
R. DENARDIS, D.O., breached that duty by failing to provide appropriate care and
ways which caused or substantially contributed to JARIEL LUIS
in the following
CALZADA OYUELA’s injuries:
to
a. Failing to provide timely and appropriate medical care and treatment
ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor;
Failing to properly treat and refer the patient to a high risk;
Failed to appropriately, monitor ASHLEY CALZADA;
17
Failing to timely and appropriately monitor and treat hypertension and
symptoms of preeclampsia;
Failing to provide appropriate and necessary fetal heart monitoring;
Failing to timely identify, report, and treat fetal distress,
Failing to advocate, requests, and/or order continuous fetal monitoring via
an intrauterine pressure catheter and intrauterine fetal heart monitor;
Failing to timely perform intrauterine resuscitative measures;
Failing to timely order, recommend, and/or advocate ASHLEY CALZADA
to undergo a C- Section;
Failing to timely perform a c-section;
Failing to provide appropriate anesthesia care in response to call for an
emergency c-section.
Failing to provide timely and appropriate post-delivery care, including but
not limited to, failing to timely ventilate and oxygenate the infant and
provide timely and appropriate treatment for the Hypoxic-Ischemic
Encephalopathy;
Failure to provide appropriate neonatal care and treatment, and
Negligently administering Ms. CALZADA, a steroid that increased her risk
of infection; and
Failed to conduct radiological studies to properly evaluate the
cephelohematoma.
49. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS CALZADA
OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability,
18
disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity for the
enjoyment of life or to be experienced in the future, value or expense of hospitalization, any
medical and treatment necessary or to be obtained in the future, and any loss of ability to earn
money in the future.
50. As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and
JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of
earnings for past and future costs, any loss by reason of their child’s injuries of the services,
earnings, or earning ability of their child in the past and the future, economic loss of earnings
in the past and any loss of ability to earn money in the future, value or expense of
hospitalization, treatment necessary or reasonably obtained for the child in the past and in the
future, any loss by reason of injury of their child’s companionship, society, love, affection
and solace in the past and in the future.
and
WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually
behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against
on
Defendants, OSCEOLA OB/GYN and MICHAEL R. DENARDIS, D.0O., for all compensable
damages allowed by law and further demands a trial by jury.
A.
COUNT IV: NEGLIGENCE OF OB HOSPITALIST GROUP, LLC... AND EZER
OJEDA, M.D.
as though
Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above
fully set forth herein and further alleges the following:
material hereto OB HOSPITALIST GROUP, LLC., was and is a Florida
51, At all times
t, OB
Corporation, licensed and organized under the laws of the State of Florida. Defendan
GROUP, LLC., operated, maintained, and/or controlled the physician’s
HOSPITALIST
19
office known or doing business as OB HOSPITALIST GROUP, LLC., in Kissimmee,
Florida,
52 At all times hereto, Defendant OB HOSPITALIST GROUP, LLC., by and through EZER A.
OJEDA, M.D., had a duty to provide medical care and treatment within the prevailing
professional standard of care as accepted by reasonably prudent similar health care providers
and to provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL,
LUIS CALZADA OYUELA, a minor, in accordance with the general standard of care for
providing care and treatment to pregnant patients.
HOSPITALIST GROUP, LLC., and EZER A. OJEDA, M.D., by and
53 Defendants, OB
limited to and
through its agents, employees, staff, nurses, and physicians, including but not
EZER A. OJEDA, M.D., breached that duty by failing to provide appropriate care and
treatment in the following ways which caused or substantially contributed to JARIEL LUIS
CALZADA OYUELA’s injuries:
to
a. Failing to provide timely and appropriate medical care and treatment
ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor;
Failing to properly treat and refer the patient to a high risk;
Failed to appropriately, monitor ASHLEY CALZADA;
Failing to timely and appropriately monitor and treat hypertension and
symptoms of preeclampsia;
Failing to provide appropriate and necessary fetal heart monitoring;
Failing to timely identify, report, and treat fetal distress;
Failing to advocate, requests, and/or order continuous fetal monitoring via
;
an intrauterine pressure catheter and intrauterine fetal heart monitor
20
Failing to timely perform intrauterine resuscitative measures;
Failing to timely order, recommend, and/or advocate ASHLEY CALZADA
to undergo a C- Section;
Failing to timely perform a c-section;
Failing to provide appropriate anesthesia care in response to call for an
emergency c-section.
Failing to provide timely and appropriate post-delivery care, including but
not limited to, failing to timely ventilate and oxygenate the infant and
provide timely and appropriate treatment for the Hypoxic-Ischemic
Encephalopathy;
Failure to provide appropriate neonatal care and treatment; and
Negligently administering Ms. CALZADA, a steroid that increased her risk
of infection; and
Failed to conduct radiological studies to properly evaluate the
cephelohematoma.
s, JARIEL LUIS CALZADA
54, As a direct and proximate result of the aforementioned breache
OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability,
of capacity for the
disfigurement, mental anguish, inconvenience, physical impairment, loss
ization, any
enjoyment of life or to be experienced in the future, value or expense of hospital
ability to earn
medical and treatment necessary or to be obtained in the future, and any loss of
money in the future.
CALZADA and
55 As a direct and proximate result of the Defendant’s negligence, ASHLEY
JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of
21
earnings for past and future costs, any loss by reason of their child’s injuries of the services,
earnings, or earning ability of their child in the past and the future, economic loss of earnings
in the past and any loss of ability to earn money in the future, value or expense of
hospitalization, treatment necessary or reasonably obtained for the child in the past and in the
future, any loss by reason of injury of their child’s companionship, society, love, affection
and solace in the past and in the future.
WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and
on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against
Defendants, OB HOSPITALIST GROUP, LLC., and EZER A. OJEDA, M.D., for all
compensable damages allowed by law and further demands a trial by jury.
COUNT V: OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D.
AND ERIC FREDNAK, CRNA
as though
Plaintiffs re-allege and incorporate by reference paragraphs | through 21 above
fully set forth herein and further alleges the following:
material hereto OSCEOLA ANESTHESIA ASSOCIATES, PL, was and is a
56. At all times
Florida Corporation, licensed and organized under the laws of the State of Florida.
ANESTHESIA ASSOCIATES, PL., operated, maintained, and/or
Defendant, OSCEOLA
controlled the hospital known or doing business as OSCEOLA ANESTHESIA
ASSOCIATES, PL, in Kissimmee, Florida.
hereto OSCEOLA ANESTHESIA ASSOCIATES, PL.,
57 At all times hereto, Defendant
RODNEY DEL VALLE, M.D., and ERIC FREDNAK, CRNA, had a duty to provide
of care as accepted by
medical care and treatment within the prevailing professional standard
ate
reasonably prudent similar health care providers and to provide timely and appropri
, a minor, in
medical care to ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA
Preview
Filing # 51517155 E-Filed 01/23/2017 04:52:06 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA ASHLEY CALZADA and JUAN L. CASE NO.: CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, Plaintiffs, v 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, M.D., 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-FLORIDA, INC Defendants. / COMPLAINT COME NOW, the Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, by and through undersigned counsel, and hereby sues the Defendants, OSCEOLA REGIONAL HOSPITAL d/b/a) OSCEOLA REGIONAL MEDICAL CENTER, ERIC FRENDAK, CRNA., OSCEOLA 1 OB/GYN, MICHAEL R. DENARDIS, D.O., OB HOSPITALIST GROUP, LLC., EZER A. OJEDA, M.D., OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D., 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-FLORIDA, INC._and allege as follows: JURISDICTION/VENUE/STATUTORY COMPLIANCE This is a civil action for damages in excess of FIFTEEN THOUSAND DOLLARS ($15,000.00), the minimal jurisdictional requirement of this court, exclusive of costs, interest, and attorneys’ fees. This is a medical malpractice case. All statutorily required conditions precedent to the maintenance of this action have been performed, have occurred, or have been waived. All requirements of applicable Florida Statutes have timely been complied with prior to the filing of this action, to include providing notice pursuant to Florida Statute 768.28. There has been a reasonable investigation to determine whether there are grounds for a good faith belief that there has been negligence in the care and treatment rendered by the Defendants in this case, which gives rise to this action. As part of that reasonable investigation, Plaintiffs served Defendants, 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, M.D., 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-FLORIDA, INC., with Notices of Intent to Initiate Medical Malpractice Litigation pursuant to Chapter 766, Florida Statutes. ASHLEY CALZADA is the natural parent of JARIEL LUIS CALZADA OYUELA, a minor. JUAN L. CALZADA is the natural parent of JARIEL LUIS CALZADA OYUELA, a minor. FACTS GIVING RISE TO THE CLAIM On or about January 17, 2012, ASHLEY CALZADA, began prenatal care at JMJ FAMILY PRACTICE, and was provided care and treatment by JOSE RAMON FERNANDEZ, M.D. During her pregnancy, she experienced issues related to infection, high white blood counts, Group B Strep, abdominal pain, nausea, vomiting, preeclampsia, swelling, elevated glucose, nuchal cord, placenta previa, non-reactive stress tests and fetal distress On or about June 1, 2012, Ms. CALZADA was seen at OSCEOLA REGIONAL HOSPITAL, d/b/a OSCEOLA REGIONAL MEDICAL CENTER, (hereinafter "OSCEOLA REGIONAL MEDICAL CENTER") by EZER S$. OJEDA, M.D., with complaints of abdominal pain. Ms. CALZADA was discharged from OSCEOLA REGIONAL MEDICAL CENTER, the same day despite her condition. On or about July 8, 2012, Ms. CALZADA was admitted to OSCEOLA REGIONAL MEDICAL CENTER and was evaluated by Marissa Lee, R.N., and BHUPENDRAKUMAR PATEL, M.D. Ms. CALZADA was accessed and identified with pitting edema, high protein, high blood pressure, and diagnosed with preeclampsia. The non-stress test (NST) showed minimal variability and no contractions. On or about July 9, 2012, the NST was read by Lisa Denarski, R.N, at OSCEOLA REGIONAL MEDICAL CENTER. The NST revealed prolonged and concerning decelerations. Dr. PATEL was contacted and notified of the prolonged variable decels. Dr. PATEL failed to give any orders to treat the impending distress. RN Denarski documented another prolonged variable decal at 11:00 p.m. On or about July 10, 2012, Ms. Calzada was discharged by Dr. Fernandez from OSCEOLA REGIONAL MEDICAL CENTER. On or about July 12, 2012, around 10:58 am., Ms. CALZADA presented to Dr. FERNANDEZ at JMJ FAMILY PRACTICE for abdominal pain. His assessment was generalized abdominal pain, pregnancy induced hypertension, mild pre-eclampsia, and ante partum condition or complication. Ms. CALZADA was then admitted to the hospital around 11:32 am. at OSCEOLA REGIONAL MEDICAL CENTER as a referral from Dr. FERNANDEZ at JMJ FAMILY PRACTICE, INC. She was provided care and treatment by MICHAEL DENARDIS, D.O. and Jaymee Stahl, RN. Dr. DENARDIS noted her complaint of abdominal pain in the right upper quadrant. OSCEOLA REGIONAL MEDICAL CENTERS’ labs and assessment revealed high protein, high bacteria, high blood pressure, and an elevated white blood cell count of 19.1. Ms. CALZADA’s Fetal Heart Tones (FHT) were non-reactive with minimal to zero variability. Fetal heart monitoring was initiated by R.N. Stahl at 12:13 p.m. and the fetus remained non-reactive. Dr. DENARDIS called to inform Dr. FERNANDEZ and Dr. PATEL of her condition. During this time, Ms. CALZADA’s blood pressure was noted to be 158/107. At approximately 12:50 p.m. a biophysical profile 2/10 was assigned by Dr. DENARDIS, as well as severe preeclampsia and nonreactive NST. Dr. PATEL and Dr. FERNANDEZ were contacted to evaluate Ms. CALZADA for a possible c-section. 10. At 12:50 p.m., a US Fetal biophysical profile with NST was performed and displayed no fetal breathing motion for 28 minutes; no gross body movement or evidence of fetal tone observe; and an amniotic fluid index (AFI) of 2, giving a biophysical profile of 2/8. The exam was terminated early by Dr. DENARDIS. il Ms, CALZADA’ blood pressure continued to rise and was record at 169/114 at 12:51 p.m. 12. Ms. CALZADA was subsequently transferred to the Labor & Delivery Operating Room. Dr. DENARDIS called and advised Dr. PATEL of the conditions and the need to evaluate Ms. CALZADA for an expedited c-section. 13 At approximately 1:05 p.m., a c-section was ordered and nonreactive NST's continued. RODNEY DEL VALLE, M.D., administered anesthesia at 1:45 p.m. and Dr. PATEL began surgery at 1:55 p.m. 14 Dr. DEL VALLE, and the other healthcare providers administered spinal anesthesia versus general anesthesia, which resulted in further delay of the emergency c-section. 15 JARIEL LUIS CALZADA OYUELA, was born at 2:05 pm, weighing 1447 grams, at 32 and 4/7 week gestational age. There was a tight nuchal cord noted around the body, hands, feet of the baby, and the baby was born with significant bruise on his face. Dr. FERNANDEZ, JOSE 1. GIERBOLINI, MD, and ERIC FRENDAK, CRNA were present in the Labor & Delivery Operating Room during the delivery of JARIEL LUIS CALZADA OYUELA. 16 On or about July 13, 2012, JARIEL LUIS CALZADA OYUELA, was seen by Dr. GIERBOLINI. It was noted that JARIEL LUIS CALZADA OYUELA had a fair amount of bruising on his face and mild jaundice. Additionally, his glucose was low at 22 and 23, and 2 glucose boluses were given. 17 On or about July 25, 2012, JARIEL LUIS CALZADA OYUELA was seen again by Dr. GIERBOLINI. He noted that he was resolving a cephelohematoma. 18 On or about July 27, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr. GIERBOLINL. He noted that JARIEL LUIS CALZADA OYUELA may need a CT scan to discharge if the hematoma is not resolved or unchanged. 19. On or about August 2, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr. LONGHI. He also noted that JARIEL LUIS CALZADA OYUELA may need a CT scan to discharge if the hematoma is not resolved or unchanged. 20 On or about August 6, 2012, JARIEL LUIS CALZADA OYUELA was seen by Dr. GIERBOLINI. His discharge summary stated that the hematoma was getting smaller and that there was a soft lesion in the right occipital area. A CT was never conducted to further evaluate the cephelohematoma. 21 As a result of the Defendant’s negligence, JARIEL LUIS CALZADA OYUELA suffered and continues to suffer irreversible and permanent injuries to include, brain damage, global developmental delay, cerebral palsy, and requires a g-tube for feeding. COUNT I: NEGLIGENCE OF OSCEOLA REGIONAL HOSPITAL d/b/a/ OSCEOLA REGIONAL MEDICAL CENTER Non Delegable Dut Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above as though fully set forth herein and further alleges the following: 22 At all times material hereto OSCEOLA REGIONAL MEDICAL CENTER, was and is a Florida Corporation, licensed and organized under the laws of the State of Florida. Defendant, OSCEOLA REGIONAL MEDICAL CENTER, operated, maintained, and/or controlled the hospital known or doing business as OSCEOLA REGIONAL MEDICAL CENTER, in Kissimmee, Florida. 23 At all times material hereto Defendant, ERIC FRENDAK, CRNA, was and is a certified registered nurse practitioner licensed by the State of Florida. 24 At all times material hereto Defendant, MICHAEL R. DENARDIS, D.O., was and is a medical doctor licensed by the State of Florida. 25 At all times material hereto Defendant, EZER A. OJEDA, M.D., was and is a medical doctor licensed by the State of Florida. 26 At all times material hereto Defendant, RODNEY DEL VALLE, M.D. was and is a medical doctor licensed by the State of Florida. 27 At all times material hereto Defendant, BHUPENDRAKUMAR M. PATEL, M.D., was and is a medical doctor licensed by the State of Florida. 28 At all times material hereto Defendant, JOSE I. GIERBOLINI, M.D., was and is a medical doctor licensed by the State of Florida. 29 At all times material hereto Defendant, JUAN LONGHI, M.D., was and is a medical doctor licensed by the State of Florida. 30. At all times material hereto, Lisa Denarski, RN., was and is a registered nurse licensed by the State of Florida. 31 At all times material hereto, Marissa Lee, RN., was and is a registered nurse licensed by the State of Florida. 32. At all times material hereto, Jaymee Stahl, RN., was and is a registered nurse licensed by the State of Florida. 33 Defendant, OSCEOLA REGIONAL MEDICAL CENTER, had a non-delegable duty to provide qualified and competent medical care and treatment within the prevailing professional standard of care as accepted by reasonably prudent similar health care providers and (2) to provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL and CALZADA, @ minor, in accordance with the general standard of care for providing care treatment to pregnant patients. REGIONAL MEDICAL CENTER, by and through its agents, 34 Defendants, OSCEOLA K, employees, staff, nurses, and physicians, including but not limited to, ERIC FREDNA MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL CRNA, VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE 1. GIERBOLINI, M.D., M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., JUAN LONGHI, following ways breached that duty by failing to provide appropriate care and treatment in the ’s injuries: which caused or substantially contributed to JARTEL LUIS CALZADA OYUELA a Failing to provide timely and appropriate medical care and treatment to ' ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor; Failing to properly treat and refer the patient to a high risk; Failed to appropriately, monitor ASHLEY CALZADA; Failing to timely and appropriately monitor and treat hypertension and symptoms of preeclampsia; Failing to provide appropriate and necessary fetal heart monitoring; Failing to timely identify, report, and treat fetal distress; Failing to advocate, requests, and/or order continuous fetal monitoring via an intrauterine pressure catheter and intrauterine fetal heart monitor; Failing to timely perform intrauterine resuscitative measures; Failing to timely order, recommend, and/or advocate ASHLEY CALZADA to undergo a C- Section; Failing to timely perform a c-section; Failing to provide appropriate anesthesia care in response to call for an emergency c-section. Failing to provide timely and appropriate post-delivery care, including but not limited to, failing to timely ventilate and oxygenate the infant and provide timely and appropriate treatment for the Hypoxic-Ischemic Encephalopathy; Failure to provide appropriate neonatal care and treatment. Negligently administering Ms. CALZADA, a steroid that increased her risk of infection; Failed to conduct radiological studies to properly evaluate the cephelohematoma. acts of 35. OSCEOLA REGIONAL MEDICAL CENTER is vicariously liable for the negligent their physicians, nurses, residents, ARNP’s and staff, including but not limited to, ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN,., in their failure to properly diagnose, treat, monitor, and care for ASHLEY CALZADA, the and JARIEL LUIS CALZADA OYUELA, a minor, because at all times material hereto, nurses, residents, ARNP’s, and staff, including but not limited to, ERIC physicians, FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, M.D., JUAN RN., were employees of OSCEOLA REGIONAL MEDICAL CENTER, as their actions REGIONAL MEDICAL CENTER, or were subject to were controlled by OSCEOLA OSCEOAL REGINOAL MEDICAL CENTER’s right of control, and because at all times and were material hereto they were selected by the hospital and not selected by the Plaintiffs, al, and acting within the scope of their employment when they provided medical, obstetric CALZADA, and JARIEL LUIS CALZADA OYUELA, a nursing care to for ASHLEY minor. CALZADA 36. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability, for the disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity ization, any enjoyment of life or to be experienced in the future, value or expense of hospital ability to earn medical and treatment necessary or to be obtained in the future, and any loss of money in the future. 10 37. As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of earnings for past and future costs, any loss by reason of their child’s injuries of the services, earnings, or earning ability of their child in the past and the future, economic loss of earnings in the past and any loss of ability to earn money in the future, value or expense of hospitalization, treatment necessary or reasonably obtained for the child in the past and in the future, any loss by reason of injury of their child’s companionship, society, love, affection and solace in the past and in the future. WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against Defendants, OSCEOLA REGIONAL HOSPITAL d/b/a/ OSCEOLA REGIONAL MEDICAL CENTER ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. M.D., RODNEY M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and GIERBOLINI, a trial by Jaymee Stahl, RN., for all compensable damages allowed by law and further demands jury. COUNT Il: VICARIOUS LIABILITY OF OSCEOLA REGIONAL HOSPITAL d/b/a/ ITS OSCEOLA REGIONAL MEDICAL CENTER FOR THE NEGLIGENCE OF NOT EMPLOYEES. AGENTS, AND APPARENT AGENTS INCLUDING BUT D.O., EZER A. LIMITED TO ERIC FRENDAK, CRNA., MICHAEL R. DENARDIS, M. PATEL, M_D.. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR JOSE 1, GIERBOLINI, M.D., JUAN LONGHL M.D Lisa Denarski, RN. Marissa Lee, RN., and Jaymee Stahl, RN. employees, 38. Defendant, OSCEOLA REGIONAL MEDICAL CENTER, by and through their nurses, residents, ARNP’s and staff, to include but not limited to, ERIC physicians, a1 FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., had a duty to provide medical care and treatment within the prevailing professional standard of care as accepted by reasonably prudent similar health care providers and to provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL CALZADA, a minor, in accordance with the general standard of care for providing care and treatment to pregnant patients. 39 Defendants, OSCEOLA REGIONAL MEDICAL CENTER, ERIC FREDNAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., by and through its employees, agents, apparent agrents, staff, nurses, and physicians, including but not limited to and ERIC FREDNAK, CRNA., MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and in Jaymee Stahl, RN., breached that duty by failing to provide appropriate care and treatment A the following ways which caused or substantially contributed to J ARIEL LUIS CALZAD OYUELA’s injuries: a. Failing to provide timely and appropriate medical care and treatment to ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor; Failing to properly treat and refer the patient to a high risk; Failed to appropriately, monitor ASHLEY CALZADA; 12 Failing to timely and appropriately monitor and treat hypertension and symptoms of preeclampsia; Failing to provide appropriate and necessary fetal heart monitoring; Failing to timely identify, report, and treat fetal distress, Failing to advocate, requests, and/or order continuous fetal monitoring via an intrauterine pressure catheter and intrauterine fetal heart monitor; Failing to timely perform intrauterine resuscitative measures, Failing to timely order, recommend, and/or advocate ASHLEY CALZADA to undergo a C- Section, Failing to timely perform a c-section; Failing to provide appropriate anesthesia care in response to call for an emergency c-section. Failing to provide timely and appropriate post-delivery care, including but not limited to, failing to timely ventilate and oxygenate the infant and provide timely and appropriate treatment for the Hypoxic-Ischemic Encephalopathy; Failure to provide appropriate neonatal care and treatment; Negligently administering Ms. CALZADA, a steroid that increased her risk of infection; and Failed to conduct radiological studies to properly evaluate the cephelohematoma. 40. OSCEOLA REGIONAL MEDICAL CENTER is vicariously liable for the negligent acts of their physicians, nurses, residents, ARNP’s and staff, including but not limited to, ERIC 13 FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE 1. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., in their failure to properly diagnose, treat, monitor, and care for ASHLEY CALZADA, and JARIEL LUIS CALZADA OYUELA, a minor, because at all times material hereto, the physicians, nurses, residents, ARNP’s, and staff, including but not limited to, ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., were employees and agents of OSCEOLA REGIONAL MEDICAL CENTER, as their actions while treating ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a subject to minot, were controlled by OSCEOLA REGIONAL MEDICAL CENTER, or were OSCEOLA REGIONAL MEDICAL CENTER’s right of control, and because at all times material hereto in treating ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, medical, a minor, they were acting within the scope of their employment when they provided obstetrical, and nursing care to for ASHLEY CALZADA, and JARIEL LUIS CALZADA OYUELA, a minor. 41 In the alternative to employees and agents, the employees were apparent agents. A. OJEDA, 42. Defendants, ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. Lee, RN., and GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa REGIONAL MEDICAL CENTER, Jaymee Stahl, RN., were apparent agents of OSCEOLA and place of the and were acting within the scope of their apparent authority at the time 14 incident in this case. ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I, GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., were apparent agents of OSCEOLA REGIONAL MEDICAL CENTER. At the time the Plaintiff entered the hospital, the above referenced providers were selected by the hospital without any input or choice exercised by the Plaintiff's in which the providers and the hospital provided medical care and treatment through those doctors. Additionally, OSCEOLA REGIONAL MEDICAL CENTER through its employees, agents, and/or servants advised the Plaintiffs that the medical providers named above were employees, agents, and/or servants of the OSCEOLA REGIONAL MEDICAL CENTER. the conduct of OSCEOLA REGIONAL MEDICAL CENTER, through its Furthermore, agents, and/or servants, in providing physicians, healthcare providers, and employees, treatment to the Plaintiff, without any input from the Plaintiff, caused the Plaintiff to believe the that the physicians were agents or had an authority to act on behalf of the hospital, and Plaintiff justifiably relied on that relief by accepting the treatment. FRENDAK, CRNA, MICHAEL R. 43 As a result of their legal relationships with ERIC D.O., BZER A. OJEDA, M.D., RODNEY DEL VALLE, M.D., DENARDIS, BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINL, M.D., JUAN LONGHI, the physicians, M.D., Lisa Denarski, RN., Marissa Lee, RN., and Jaymee Stahl, RN., and and staff of OSCEOLA REGIONAL MEDICAL CENTER is nurses, residents, ARNP’s, occurred in vicariously liable for the conduct, to include any and all acts of negligence which the scope of their employment. 15 44. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS CALZADA OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life or to be experienced in the future, value or expense of hospitalization, any medical and treatment necessary or to be obtained in the future, and any loss of ability to earn money in the future. 45 As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of earnings for past and future costs, any loss by reason of their child’s injuries of the services, earnings, or earning ability of their child in the past and the future, economic loss of earnings any loss of ability to earn money in the future, value or expense of in the past and and in the hospitalization, treatment necessary or reasonably obtained for the child in the past affection future, any loss by reason of injury of their child’s companionship, society, love, and solace in the past and in the future. WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against Defendants, OSCEOLA REGIONAL HOSPITAL d/b/al/ OSCEOLA REGIONAL D.O., EZER MEDICAL CENTER ERIC FRENDAK, CRNA, MICHAEL R. DENARDIS, A. OJEDA, M.D., RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, RN., Marissa M.D., JOSE 1. GIERBOLINI, M.D., JUAN LONGHI, M.D., Lisa Denarski, Lee, RN., and Jaymee Stahl, RN., for all compensable damages allowed by law and further demands a trial by jury. 16 COUNT Il: NEGLIGENCE OF OSCEOLA OB/GYN AND MICHAEL R. DENARDIS. D.O. Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above as though fully set forth herein and further alleges the following: 46. At all times material hereto OSCEOLA OB/GYN, was and is a Florida Corporation, licensed and organized under the laws of the State of Florida. Defendant, OSCEOLA OB/GYN, operated, maintained, and/or controlled the physician’s office known or doing business as OSCEOLA OB/GYN, in Kissimmee, Florida. 47 At all times hereto, Defendant OSCEOLA OB/GYN by and through MICHAEL R. DENARDIS, D.O, had a duty to provide qualified and competent staff to deliver medical and treatment within the prevailing professional standard of care as accepted by care reasonably prudent similar health care providers and to provide timely and appropriate in medical care to ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor, to pregnant accordance with the general standard of care for providing care and treatment patients. its 48 Defendants, OSCEOLA OB/GYN and MICHAEL R. DENARDIS, D.O. by and through L agents, employees, staff, nurses, and physicians, including but not limited to and MICHAE treatment R. DENARDIS, D.O., breached that duty by failing to provide appropriate care and ways which caused or substantially contributed to JARIEL LUIS in the following CALZADA OYUELA’s injuries: to a. Failing to provide timely and appropriate medical care and treatment ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor; Failing to properly treat and refer the patient to a high risk; Failed to appropriately, monitor ASHLEY CALZADA; 17 Failing to timely and appropriately monitor and treat hypertension and symptoms of preeclampsia; Failing to provide appropriate and necessary fetal heart monitoring; Failing to timely identify, report, and treat fetal distress, Failing to advocate, requests, and/or order continuous fetal monitoring via an intrauterine pressure catheter and intrauterine fetal heart monitor; Failing to timely perform intrauterine resuscitative measures; Failing to timely order, recommend, and/or advocate ASHLEY CALZADA to undergo a C- Section; Failing to timely perform a c-section; Failing to provide appropriate anesthesia care in response to call for an emergency c-section. Failing to provide timely and appropriate post-delivery care, including but not limited to, failing to timely ventilate and oxygenate the infant and provide timely and appropriate treatment for the Hypoxic-Ischemic Encephalopathy; Failure to provide appropriate neonatal care and treatment, and Negligently administering Ms. CALZADA, a steroid that increased her risk of infection; and Failed to conduct radiological studies to properly evaluate the cephelohematoma. 49. As a direct and proximate result of the aforementioned breaches, JARIEL LUIS CALZADA OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability, 18 disfigurement, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life or to be experienced in the future, value or expense of hospitalization, any medical and treatment necessary or to be obtained in the future, and any loss of ability to earn money in the future. 50. As a direct and proximate result of the Defendant’s negligence, ASHLEY CALZADA and JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of earnings for past and future costs, any loss by reason of their child’s injuries of the services, earnings, or earning ability of their child in the past and the future, economic loss of earnings in the past and any loss of ability to earn money in the future, value or expense of hospitalization, treatment necessary or reasonably obtained for the child in the past and in the future, any loss by reason of injury of their child’s companionship, society, love, affection and solace in the past and in the future. and WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against on Defendants, OSCEOLA OB/GYN and MICHAEL R. DENARDIS, D.0O., for all compensable damages allowed by law and further demands a trial by jury. A. COUNT IV: NEGLIGENCE OF OB HOSPITALIST GROUP, LLC... AND EZER OJEDA, M.D. as though Plaintiffs re-allege and incorporate by reference paragraphs 1 through 21 above fully set forth herein and further alleges the following: material hereto OB HOSPITALIST GROUP, LLC., was and is a Florida 51, At all times t, OB Corporation, licensed and organized under the laws of the State of Florida. Defendan GROUP, LLC., operated, maintained, and/or controlled the physician’s HOSPITALIST 19 office known or doing business as OB HOSPITALIST GROUP, LLC., in Kissimmee, Florida, 52 At all times hereto, Defendant OB HOSPITALIST GROUP, LLC., by and through EZER A. OJEDA, M.D., had a duty to provide medical care and treatment within the prevailing professional standard of care as accepted by reasonably prudent similar health care providers and to provide timely and appropriate medical care to ASHLEY CALZADA and JARIEL, LUIS CALZADA OYUELA, a minor, in accordance with the general standard of care for providing care and treatment to pregnant patients. HOSPITALIST GROUP, LLC., and EZER A. OJEDA, M.D., by and 53 Defendants, OB limited to and through its agents, employees, staff, nurses, and physicians, including but not EZER A. OJEDA, M.D., breached that duty by failing to provide appropriate care and treatment in the following ways which caused or substantially contributed to JARIEL LUIS CALZADA OYUELA’s injuries: to a. Failing to provide timely and appropriate medical care and treatment ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA, a minor; Failing to properly treat and refer the patient to a high risk; Failed to appropriately, monitor ASHLEY CALZADA; Failing to timely and appropriately monitor and treat hypertension and symptoms of preeclampsia; Failing to provide appropriate and necessary fetal heart monitoring; Failing to timely identify, report, and treat fetal distress; Failing to advocate, requests, and/or order continuous fetal monitoring via ; an intrauterine pressure catheter and intrauterine fetal heart monitor 20 Failing to timely perform intrauterine resuscitative measures; Failing to timely order, recommend, and/or advocate ASHLEY CALZADA to undergo a C- Section; Failing to timely perform a c-section; Failing to provide appropriate anesthesia care in response to call for an emergency c-section. Failing to provide timely and appropriate post-delivery care, including but not limited to, failing to timely ventilate and oxygenate the infant and provide timely and appropriate treatment for the Hypoxic-Ischemic Encephalopathy; Failure to provide appropriate neonatal care and treatment; and Negligently administering Ms. CALZADA, a steroid that increased her risk of infection; and Failed to conduct radiological studies to properly evaluate the cephelohematoma. s, JARIEL LUIS CALZADA 54, As a direct and proximate result of the aforementioned breache OYUELA, a minor, suffered bodily injury, and resulting pain and suffering, disability, of capacity for the disfigurement, mental anguish, inconvenience, physical impairment, loss ization, any enjoyment of life or to be experienced in the future, value or expense of hospital ability to earn medical and treatment necessary or to be obtained in the future, and any loss of money in the future. CALZADA and 55 As a direct and proximate result of the Defendant’s negligence, ASHLEY JUAN L. CALZADA, the parents, will sustain, by reasons of the child’s injuries, loss of 21 earnings for past and future costs, any loss by reason of their child’s injuries of the services, earnings, or earning ability of their child in the past and the future, economic loss of earnings in the past and any loss of ability to earn money in the future, value or expense of hospitalization, treatment necessary or reasonably obtained for the child in the past and in the future, any loss by reason of injury of their child’s companionship, society, love, affection and solace in the past and in the future. WHEREFORE Plaintiffs, ASHLEY CALZADA and JUAN L. CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, demands judgment against Defendants, OB HOSPITALIST GROUP, LLC., and EZER A. OJEDA, M.D., for all compensable damages allowed by law and further demands a trial by jury. COUNT V: OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D. AND ERIC FREDNAK, CRNA as though Plaintiffs re-allege and incorporate by reference paragraphs | through 21 above fully set forth herein and further alleges the following: material hereto OSCEOLA ANESTHESIA ASSOCIATES, PL, was and is a 56. At all times Florida Corporation, licensed and organized under the laws of the State of Florida. ANESTHESIA ASSOCIATES, PL., operated, maintained, and/or Defendant, OSCEOLA controlled the hospital known or doing business as OSCEOLA ANESTHESIA ASSOCIATES, PL, in Kissimmee, Florida. hereto OSCEOLA ANESTHESIA ASSOCIATES, PL., 57 At all times hereto, Defendant RODNEY DEL VALLE, M.D., and ERIC FREDNAK, CRNA, had a duty to provide of care as accepted by medical care and treatment within the prevailing professional standard ate reasonably prudent similar health care providers and to provide timely and appropri , a minor, in medical care to ASHLEY CALZADA and JARIEL LUIS CALZADA OYUELA