You can’t stop a spider from entering an emergency room

October 10, 2014

  • 198H Health
  • 198HV Malpractice, Negligence, or Breach of Duty
  • 198Hk815 Evidence
  • 198Hk823 Weight and Sufficiency, Particular Cases
  • 198Hk823(4) Protection of Patients

09-31-14Hospital did not breach duty of exercising ordinary care to maintain hospital in reasonably safe condition where patient was bit by black widow spider in emergency room; hospital pest control company technician opined that spiders could not be stopped from entering buildings, technician, who had provided preventive maintenance and responded to reports of pests in hospital for four years, had never seen spider infestation or black widow spider, expert testimony established that spiders in hospital are usually incidental occurrence, that pest control efforts at hospital were sufficient, reasonable, and similar to programs at other hospitals, and that hospital did not have black widow infestation.

St. Joseph’s Hosp. v. Cowart, 891 So.2d 1039, (Fla. App. 2 Dist., 2004)