Lingle v. Dion

Lingle v. Dion,

No. 4D00-348 (Fla. Dist. Ct. App. Feb. 7, 2001)

A man sued his doctor following a botched-up surgical procedure involving the
implantation of artificial pectoral muscles. At trial, the doctor was held liable.
The Appeals Court reversed and remanded for a new trial finding that the trial
court erred in requiring the doctor to answer questions about restrictions on
his medical license. According to the court, state peer review statutes protect
that information from admission at trial. The Appeals Court also found error
in the trial court’s jury instruction indicating that failure to maintain staff
privileges at a nearby hospital for procedures being performed at an outpatient
clinic constituted negligence per se. Although such failure violates Florida
regulations that set standards for office practice and provide for disciplinary
action, it does not purport to protect any particular class of people beyond
the public at large. Thus, violation of the regulation does not constitute negligence
per se.