Six Year Court Battle Ends with Roig Lawyers Trial Team Victory

March 20, 2014

Roig Lawyers trial team, Jeff Tutan, Jessica Martin, and Jenna Hackman secured a victory on behalf of the defendant insurer before Judge Gladys Perez of the 11th Judicial Circuit in a Personal Injury Protection (PIP) case involving the issue of medical necessity of a mobile x-ray.

The complexity of this case created a 6 year court battle between the plaintiff and the defendant. The case involved the use of a mobile x-ray by the plaintiff on a patient following a motor vehicle accident.

According to Florida Administrative Code 64E-5.502(1)(a)(8)(c), portable or mobile equipment shall be used only for examinations where it is impractical to transfer the patient to a stationary radiographic installation. The plaintiff alleged that the Florida Administrative Code is inapplicable to PIP cases and that the performance of the mobile x-ray was medically necessary.

After approximately 40 minutes of deliberation, the jury returned a verdict on behalf of the firm’s client holding that the mobile x-rays performed were not medically necessary because the plaintiff failed to adhere to the standard of care and utilized mobile x-ray equipment on a patient who was stable and ambulatory.