Dell Graham Attorneys John Jopling and Jamie White Win in The Fifth District Court of Appeal on Behalf of Cardiologist


Florida’s Fifth District Court of Appeal recently affirmed rulings by a trial court judge in favor of a cardiologist and her practice. Plaintiffs, the parents of a deceased eighteen year old female, sued the doctor, alleging that the doctor committed medical negligence in prematurely discharging their daughter, resulting in her sudden cardiac death just days after discharge. However, during the trial, the defense was able to show all of the reasonable steps that the cardiologist had taken to clear the patient for discharge. Furthermore, under cross-examination, Plaintiff’s own expert admitted that he could not find a breach of the standard of care.

After a five day trial, the jury entered a verdict, finding in favor of the doctor. After trial, Plaintiff asked the trial court for new trial, claiming that the trial court made various errors throughout the trial proceedings, including allowing cumulative testimony and violating Daubert as to admission of the cardiologist’s electrophysiologist expert. The trial court denied the request for a new trial and Plaintiff appealed to the Fifth District.

The appellate court granted oral argument, where John Jopling argued on behalf of the cardiologist that none of the expert testimony at trial was cumulative and the expert testimony was reliable under Daubert. Relying on Mr. Jopling’s oral argument and Ms. White’s brief, the Fifth District ruled in favor of the cardiologist and affirmed the trial court’s decisions.

Dell Graham attorneys John Jopling and Jamie White represent doctors, business, and other institutions in both Federal and State Court appeals. This decision marks Jamie’s eighth appellate win in just under two years.