The court reversed the trial judge’s denial of a directed verdict for the fraud claims and instructed the lower court to rule in favor of MDVIP. Source: Law360; Fla. Court Nixes $8.5M Verdict Against Doc Concierge Co. [MDVIP]
By The News Service of Florida
JUNE 1, 2017 – A South Florida appeals court Wednesday overturned a verdict against a “concierge” medicine firm in a case involving alleged malpractice that forced the amputation of a woman’s leg. The defendant in the case, MDVIP, Inc., operates a program in which patients pay an annual fee and receive benefits such as greater access to physicians. The lawsuit was filed in Palm Beach County after alleged negligence by a doctor affiliated with MDVIP led to a patient, Joan Beber, needing to have her leg amputated above the knee, according to Wednesday’s ruling by a panel of the 4th District Court of Appeal.
CMT Editor’s Note: Industry Input and Comments Are Forthcoming … This Story Will Continue to be Updated In the Hours, Days & Weeks ahead … Please Stay Tuned to Concierge Medicine Today to learn and read more. Thank you. ~Editor, Concierge Medicine Today
Background From Kaiser Health News (Circa Feb. 12, 2015):
Kaiser Health News reported on February 12, 2015, that a Palm Beach County, Fla. jury returned an $8.5 million malpractice verdict against [MDVIP]. It was the first malpractice verdict against MDVIP.
According to the Kaiser Health News story (February 2015), MDVIP argued it was not responsible for the actions of a physician with whom it had contracted. MDVIP physicians are not directly employed by the company; the physicians pay the firm a per-patient fee for services such as marketing, branding, and other support.
Now, more than two years later, Law360, a Los Angeles a subscription-based, legal news service operated by the Portfolio Media company, a subsidiary of LexisNexis (May 31, 2017, 10:31 PM EDT) reports that a Florida appeals court on Wednesday [May 31, 2017] tossed the $8.5 million jury verdict in a suit accusing a physician concierge service of negligently employing a doctor who misdiagnosed a woman’s leg injury, saying the evidence didn’t support claims the patient relied on fraudulent marketing statements in choosing to join. (Continue Reading @ Law360 … June 1, 2017)
According to a May 31, 2017 story by Law360, MDVIP is represented by Rodolfo Sorondo Jr., Christopher N. Bellows and Ilene L. Pabian of Holland & Knight LLP. Beber is represented by Karen E. Terry and Jack Scarola of Searcy Denney Scarola Barnhart & Shipley PA, and Daniel R. Hoffman and David J. Sales of David J. Sales PA. The case is MDVIP Inc. v. Robert Beber, case number 4D15-1648, in the Fourth District Court of Appeal of Florida.
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- http://www.ahrq.gov/research/findings/factsheets/primary/pcwork2/index.html, https://www.aamc.org/download/313228/data/2012physicianspecialtydatabook.pdf
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