IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

CASE NUMBER: xx-xxxx-xx

VICTOR F. and RHONDA F.,    
 Plaintiffs,

vs.

JOHN S., M.D., JANET G.,

M.D., JANET G., M.D., PLC,
and MOUNT SINAI MEDICAL CENTER
OF FLORIDA, INC., a Florida corporation,
 Defendants.

____________________________________/

COMPLAINT

The Plaintiffs, Victor F. and Rhonda F., sue the Defendants, John S., M.D., Janet G., M.D., Janet G., M.D., PLC, and MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., a Florida corporation (hereinafter “MOUNT SINAI’), and allege:

1. This is an action for damages in excess of $15,000.00, exclusive of interest, costs and attorney’s fees.

2. All conditions precedent to the maintenance of this action have been satisfied.

COUNT I - NEGLIGENCE AGAINST John S., M.D. AND MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. (AS PRINCIPAL OF John S., M.D.)              

3. At all times material hereto, Defendant, John S., M.D., was a licensed physician in the State of Florida and Plaintiff, Victor F., was his patient.

4. At all times material hereto, Defendant, John S., M.D.,  was working in the course and scope of his employment with, or was otherwise an agent of, MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.

5. In May, 2002, Victor F. came under the care of John S., M.D., fo the performance of a surgical procedure known as an aortic by-illac grafting. 

6. John S., M.D., breached the prevailing standard of professional care in his post-operative care and treatment of Victor F. in that:

  a. He did not undertake timely and appropriate intervention to save MR.  FREDA’s left lower extremity after DR. SCHOR knew, or should have known, that Victor F. did not have a left pedal pulse; and

  b. He failed to be available during the critical post-operative time.

7. Furthermore, John S., M.D., is liable for the negligence, if any, of any physician covering for DR. SCHOR in his absence.

8. As a result of the negligence of John S., M.D., for which MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., is vicariously liable, the Plaintiff, Victor F., suffered permanent bodily injury, including the amputation of his left leg, resulting pain and suffering, disfigurement, disability, mental anguish, physical impairment, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of the ability to earn money.  As the injuries are permanent, Plaintiff will suffer damages in the future.

9. At all material times hereto, Plaintiff, Rhonda F., was married to Victor F..

10. As a result of the negligence of John S., M,D., Rhonda F. lost her husband’s society, care, comfort and attentions in the past and will continue to do so in the future.

WHEREFORE Plaintiffs demand judgment for compensatory damages against the Defendants, John S., M.D., and MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., and further demand a trial by jury of all issues so triable.

COUNT II - NEGLIGENCE AGAINST Janet G., M.D., AND Janet G., M.D., PLC

11. At all times material hereto, Defendant, Janet G., M.D., was a licensed physician in the State of Florida and was one of Victor F.’s treating physicians in May, 2002, during his hospitalization at MOUNT SINAI.

12. At all times material hereto, Defendant, Janet G., M.D.,  was actinging within the course and scope of her employment with Janet G., M.D., PLC.

13. Defendant, JANET FONSECA, M.D., breached the prevailing standard of professional care in her care and treatment of Plaintiff, Victor F., in that:

  a. She did not undertake timely and appropriate post-operative intervention to save MR.  FREDA’s left lower extremity after she knew, or should have known, that Victor F. did not have a left pedal pulse; and

  b. She failed to be available during the critical post-operative time.

14. As a result of the negligence of Janet G., M.D., for which Janet G., M.D., PLC, is vicarously liable, the Plaintiff, Victor F., suffered permanent bodily injury, including the amputation of his left leg, resulting pain and suffering, disfigurement, disability, mental anguish, physical impairment, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of the ability to earn money.  As the injuries are permanent, Plaintiff will suffer damages in the future.

15. At all material times hereto, Plaintiff, Rhonda F., was married to Victor F..

16. As a result of the negligence of Janet G., M,D.,Rhonda F. lost her husband’s society, care, comfort and attentions in the past and will continue to do so in the future.

WHEREFORE Plaintiffs demand judgment for compensatory damages against Defendant, Janet G., M.D., and Janet G., M.D., PLC, and further demand a trial by jury of all issues so triable.

COUNT III - NEGLIGENCE AGAINST MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.

17. As of May, 2002, Defendant, MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., employed various staff physicians, residents and nurses under whose care Victor F. came during his hospital admission of May, 2002. 

18. The staff physicians, residents and nurses of MOUNT SINAI breached the prevailing standard of professional care in their care and treatment of Plaintiff, Victor F., in that:

  a. No intervention or inadequate intervention was taken after they knew or should have known of the lack of a pedal pulse; and

  b. Critical entries in the hospital chart were inadequately timed and dated.

19. As a result of the negligence of the staff physicians, residents and nurses of MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., the Plaintiff, Victor F., suffered permanent bodily injury, including amputation of his left leg, and resulting pain and suffering, disfigurement, disability, mental anguish, physical impairment, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of the ability to earn money.  As the injuries are permanent, Plaintiff will suffer damages in the future.

20. At all material times hereto, Plaintiff, Rhonda F., was married to Victor F..

21. As a result of the negligence of the staff physicians and nurses of MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., Rhonda F. lost her husband’s society, care, comfort and attentions in the past and will continue to do so in the future.

WHEREFORE Plaintiffs demand judgment for compensatory damages against these Defendant, MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., and further demand a trial by jury of all issues so triable.

LAW OFFICE OF ALAN D. SACKRIN
Attorney for Plaintiff(s)
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649

By______________________________
   ALAN D. SACKRIN 
   Florida Bar No. 349070

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