Estate of Craig Donald Erskine vs. Maria Fernandez, et al

Case Background

On July 03, 2017, The Estate of Craig Donald Erskine filed a Medical Malpractice lawsuit in the Florida State, Circuit Court of Duval County (Case number: 2017-CA-001456). Judge Virginia B. Norton presided over the case.

Cause

Craig Donald Erskine sought medical care at Baptist Primary Care on May 19, 2015. He had a documented history of heart valve replacement. Maria Fernandez, ARNP, evaluated Erskine, who presented with fever, loss of appetite, chills, general malaise, and shoulder pain without any recent injury. Fernandez prescribed prednisone and ordered a chest X-ray but failed to order infection tests or refer him for emergency care. Dr. Michael Waters served as both Erskine’s primary care physician and Fernandez’s supervising physician at Baptist Primary Care. Erskine’s condition deteriorated rapidly, and an ambulance transported him to the hospital on May 21, 2015, where medical staff discovered a heart infection. He died that same day from cardiogenic shock caused by an aortic valve abscess.

Injuries

The medical providers’ failure to diagnose and treat Erskine’s heart infection allowed the condition to worsen significantly. The administration of prednisone potentially accelerated the infection’s progression. His death resulted directly from their failure to recognize and properly treat the infection in a patient with a mechanical heart valve, representing a preventable fatality that timely medical intervention could have avoided.

Damages

Craig Donald Erskine’s death created substantial damages for multiple parties. His wife, Carol A. Erskine, lost her husband’s support, services, companionship, and protection. She experienced significant mental pain and suffering and shouldered the burden of funeral and medical expenses. Their daughters, Amanda and Marielle Erskine, both under 25 at the time of his death, lost their father’s support, services, companionship, instruction, and guidance. They endured mental pain and suffering from the premature loss of their father. The Estate sustained economic losses, including lost earnings, lost net accumulations, and the cost of medical and funeral expenses.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Estate of Craig Donald Erskine
    • Counsel for Plaintiff: Corinne Cotton Hodak| Fraz Ahmed |  Dana Aubrey Jacobs | Trevor George Hawes | William C. Gentry
  • Defendant(s): Maria Fernandez | Michael Waters | Baptist Primary Care, Inc.
    • Counsel for Defendants: Michael Roger Haigler| Shawn Joseph Brooks | Franklin Duke Regan |  Jodi Goldberg Barrett

 Claims

The lawsuit targeted three defendants with specific allegations of negligence in a Medical Malpractice lawsuit. Maria Fernandez, ARNP, failed to properly evaluate Erskine’s condition, missed critical infection symptoms, neglected to order necessary blood tests, overlooked the need for specialist referrals, and did not consult her supervising physician or send the patient for emergency care. Dr. Michael Waters failed in his supervisory duties over Fernandez, neglected to evaluate Erskine’s condition properly, did not order appropriate tests, and failed to make necessary specialist referrals or oversee an emergency evaluation. Baptist Primary Care failed to implement and follow proper policies and procedures, did not establish appropriate ARNP protocols, inadequately supervised their staff, and neglected to maintain proper emergency referral procedures. The plaintiffs sought damages exceeding $15,000, exclusive of attorney’s fees, interest, and costs, and demanded a jury trial on all issues.

Defense

The defendants—Maria Fernandez ARNP, Dr. Michael Waters, and Baptist Primary Care Inc.—filed their answer and affirmative defenses to the wrongful death complaint. They admitted several basic facts about their professional roles and relationships. Further, they acknowledged that Fernandez worked as a licensed ARNP, Dr. Waters served as a supervising physician, and Baptist Primary Care employed both providers. Additionally, they also confirmed that Fernandez treated Craig Erskine on May 19, 2015, and did not refer him to the emergency department.

However, the defendants denied all allegations of negligence and causation. They contested the claim that Erskine had a known history of heart valve replacement at the time of treatment. They rejected assertions about his reported symptoms and allegations regarding improper medical care.

The defense team presented eight affirmative defenses in a Medical Malpractice lawsuit:

  • They argued that Erskine contributed to his own injuries through his negligence. Specifically, they claimed he failed to seek timely medical care, did not provide an accurate medical history, failed to report changes in his condition, and did not follow healthcare advice.
  • The defendants sought apportionment of fault among all parties who potentially contributed to the alleged injuries and damages.
  • They claimed that independent and intervening causes, unrelated to their actions, led to Erskine’s injuries and death.
  • The defense contested proximate causation between their alleged negligence and Erskine’s injuries.
  • They requested setoffs for any collateral source payments made to the plaintiffs.
  • The defendants claimed entitlement to protections under Florida Statutes Chapters 766 and 768, which govern medical malpractice claims.

The defense included a general denial of all allegations not expressly admitted and reserved the right to withdraw any affirmative defenses not supported by discovery.

Jury Verdict

On October 18, 2024, the jury returned a verdict in favor of the defendants in the medical malpractice case of the Estate of Craig Erskine. The jury found no negligence on the part of Maria Fernandez, ARNP, that legally caused Craig Erskine’s death. Similarly, they determined that Dr. Michael Waters, M.D., was not negligent in causing Erskine’s death.

Court Documents:

Available Upon Request