Florida’s Foreign Object Jury Instruction

Florida’s 4th DCA agreed with the trial court that a plaintiff was not permitted to utilize the foreign object jury instruction after a 4 1/2 inch tube was left inside him following surgery. The plaintiff was conscious at the time of the tube removal and his wife was present. As such, the plaintiff would be able to produce direct evidence of negligence and therefore was not entitled to a jury instruction predicated on res ipsa loquitur principles. Contact White & Russell, P.A. with any questions.