ORLANDO, Fla. -- An Orlando hospital blamed in a lawsuit for a misdiagnosis that allegedly caused a man to lose parts of his body to a flesh-eating bacteria issued a rebuttal statement on Tuesday.

The lawsuit, which has been scheduled for trial in December, was filed against Dr. Phillips Hospital and several of its doctors.

The suit claims the hospital and doctors were negligent, causing Nelson Mendoza to unnecessarily lose "significant parts of his groin, buttocks and thighs to Fournier’s gangrene/necrotizing fasciitis, commonly known as 'flesh-eating bacteria.'"

According to the suit, the hospital failed to make an accurate diagnosis, which, if treated in a timely manner, would have prevented Mendoza's tissue loss.

"Nelson Mendoza put his medical condition in the hands of Dr. Phillips Hospital, trusting the hospital would make sure he received the medical care he needed. In the case of flesh-eating bacteria, 'time is tissue,' and the longer Nelson went without appropriate treatment, the more tissue he lost," said Schwamm, the attorney who filed the lawsuit. "The Mendozas seek to recover damages for pain and suffering, mental anguish and loss of dignity. They also seek to recover punitive damages to deter other facilities from making the same decisions regarding patient care, in hopes something like this won’t happen to another family."

Orlando Health spokesman Joe Brown released a statement saying:

"Orlando Health is aware of allegations made by Mr. Schwamm in the Mendoza v Orlando Health matter. This is not a new filing as is inferred by the press release. This case has been contested for over two and half years.

"Mr. Mendoza presented at Dr. Phillips Hospital Emergency Department with redness and swelling in his upper thigh and was examined and treated in the Emergency Department. He was instructed to return in two days or sooner if symptoms worsened. Despite admitting he had significant changes in his condition, he failed to return to the Hospital for the next two days, as instructed. He returned in three days with significant changes and infection.

"He was evaluated and admitted to the Hospital after which he was seen by a hospitalist as well as an infectious disease physician. A determination to transfer the patient to Orlando Regional Medical Center was made within a short period of time, where he could be seen by a board certified trauma surgeon and board certified urologist. A debridement procedure was performed at ORMC shortly after arrival.

"(The) plaintiff has alleged that local smaller hospitals must be staffed with the same specialists as large tertiary centers such as ORMC. Orlando Health has denied that this is the standard of care or necessary for the delivery of adequate and appropriate healthcare."