Andem v. Cunningham
Santa Rosa County Case #07-284-CA
Mr. Higby defended this Wrongful Death Medical Malpractice case for Dr. Andem. Dr. Andem came to Mr. Higby when the Insurance Carrier for the co-defendant, Defuniak Springs Walk-In Clinic denied coverage for Dr. Andem. The decedent underwent laparoscopic gallbladder removal and had continued to suffer post-operative pain nearly three weeks after her surgery. She went to the Defuniak Springs Walk-In Clinic and sought pain medication the day before Hurricane Ivan hit the panhandle of Florida. A day after being seen in the clinic, the decedent died of an alleged retro hepatic abscess (a complication of her surgery). Dr. Andem never saw the patient but was responsible for signing off on charts for the clinic, and patients managed by the clinic’s Physician Assistant. Mr. Higby filed a declaratory action against the insurance carrier for the Walk-In Clinic, who then agreed to indemnify Dr. Andem and pay for his defense. The case was settled after extensive discovery, with no contribution from Dr. Andem.