Bay Area doctor fined in malpractice case, patient’s daughter still pushing for wrongful death law reforms
BRANDON, Fla. (WFLA) A Brandon doctor agreed to a fine and continuing education in a settlement with the Florida Department of Health Board of Medicine, but the patient’s daughter insisted it was not enough.
The board found probable cause Dr. Rathinam Krishnamoorthy “fell below the standard of care in his treatment” of Keith Davis, according to an administrative complaint. The complaint stated Krishnamoorthy allegedly violated the law “by committing medical malpractice.”
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Davis died at Brandon Hospital on October 10, 2020 three days after complaining to his daughter in a text message about pain in his leg.
“It just won’t straighten up,” Davis.
The veteran’s daughter, Sabrina, made a tearful statement to the board about her opinion of the settlement.
“My dad went in to get knee pain checked,” Davis’s daughter told the board. “And now he’s dead.”
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The board unanimously approved the settlement agreement that called for 13 hours of Continuing Medical Education (CME), an Independent Risk Manager to review Krishnamoorthy’s practice, up to $4,216 dollars in costs, and a $7,500 dollar fine.
The settlement agreement states “For the purposes of these proceedings, [Krishnamoorthy] neither admits nor denies the allegations” contained in the administrative complaint.
Davis claims with better care, her father would still be alive.
“Ultimately [the board] put a price on my father’s life,” Davis said. “And it should not be that way.”
(Pictured: Sabrina Davis)
During the hearing, Krishnamoorthy’s attorney Andrew Hudson told the board, “Nothing can help her with her loss.”
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Hudson told the board Krishnamoorthy is sorry for Davis’s loss, and Hudson called the settlement “appropriate and fair.”
Hudson also pointed out the Davis complaint is the first incident of Krishnamoorthy’s career.
“This is a 78-year-old physician who in 40 years of practicing medicine has had this one incident,” Hudson said.
Krishnamoorthy and Hudson both declined requests to comment any further about the case.
Brandon Hospital Spokesperson Brandi Ponsler said in an email, “our hearts go out” to the Davis family.
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“We are committed to providing high quality care to our patients and rely on physicians to make medical decisions based on their expertise and each patient’s unique healthcare needs,” Ponsler said.
Since her father’s death, Davis has been a frequent critic of the state’s wrongful death law that restricts some from filing malpractice lawsuits.
Under the law, anyone 25 or older cannot sue for malpractice in cases involving single or widowed parents. Parents cannot sue in cases involving children 25 or older.
Davis plans on heading to Tallahassee for the third year in a row when the 2023 session starts, to try again to convince the legislature to change the law.
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“I keep going because I don’t want to see this happen to someone else,” Davis said. “The pain that I have endured is one of the most debilitating and exhausting feelings I can ever explain and I don’t want other people to go through this.”
A bill that would change the law passed the House last year, but ultimately failed in the Senate. It is expected to come up again during next year’s session.
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