Wallerstein v. Hospital Corp. of America
Docket: 89-1260
Court: District Court of Appeal of Florida; October 10, 1990; Florida; State Appellate Court
Appellants Steven Wallerstein, Shawn Wallerstein, and Deborah Wallerstein brought an appeal against the Hospital Corporation of America and several doctors after they discovered that their adopted child, Shawn, suffered from chronic brain dysfunction and spastic quadriparesis, conditions that were diagnosed nearly one year post-birth. Shawn was born at Plantation General Hospital and was under the care of the hospital and the appellee doctors, who did not continue to monitor his health after discharge. The appellate court examined whether the appellants had sufficiently alleged a cause of action. Although they had presented multiple theories of recovery, the court focused on a potential claim for negligent misrepresentation. To establish this claim, the court identified four necessary elements: (1) misrepresentation of a material fact, (2) knowledge or negligence regarding the truth of the representation, (3) intent to induce reliance, and (4) resulting injury from justifiable reliance. The appellants alleged that the doctors were responsible for evaluating Shawn's health and suitability for adoption and provided assurances about his well-being. The court found that these allegations were sufficient to proceed with a claim of negligent misrepresentation against the doctors, as they were employed to assess the child's health. The hospital's liability was also recognized under the doctrine of respondeat superior, linking the doctors' actions to the hospital. The court affirmed the dismissal of all other claims but reversed the lower court's dismissal regarding the negligent misrepresentation claim against the doctors and the hospital. The decision was made on October 10, 1990, with a rehearing and certification denied on February 12, 1991.