Siegel v. Husak

Summary

The Florida Third District Court of Appeal reversed a medical malpractice judgment against an advanced registered nurse practitioner arising from a supervising physician's misdiagnosis of the plaintiff's ruptured biceps tendons. The court held that the nurse practitioner had not committed independent negligence, because she recorded the relevant symptoms and acted under the physician's supervision and ultimate responsibility for diagnosis. The court remanded with directions to grant the nurse practitioner's motion for judgment notwithstanding the verdict.

Holdings

1. An advanced registered nurse practitioner acting under the direction and supervision of a physician in matters involving medical skill and judgment is not liable for the physician's misdiagnosis absent an independent negligent act by the nurse practitioner or performance of nursing duties below the applicable nursing standard of care. Because Siegel committed no independent negligent act and supplied Feldman with the relevant information, she could not be held liable for the misdiagnosis.
2. Florida law did not impose on Siegel an independent legal duty to make the correct medical diagnosis where she was operating under the direct supervision of Feldman and the diagnosis was within Feldman's ultimate responsibility.
3. The evidence was insufficient to support a finding that Siegel violated a Florida standard of care applicable to ARNPs. The proffered California nurse-practitioner testimony concerning a national standard did not establish the applicable Florida standard or a deviation from it.

Questions Presented

1. Whether an advanced registered nurse practitioner working under a supervising physician is individually liable for a misdiagnosis that was the ultimate responsibility of the supervising physician absent independent negligence by the nurse practitioner.
2. Whether competent evidence established that Siegel breached an applicable Florida standard of care for advanced registered nurse practitioners.
3. Whether the trial court erred by denying Siegel's motion for judgment notwithstanding the verdict.

Disposition

reversed_and_remanded