Florida Supreme Court Upholds $10.3 Million Medical Malpractice Award

The widow of a man who suffered a heart attack and died when his Palms West Hospital doctor failed to give him the anti-clotting drug Retavase will receive the $10.3 million previously awarded, according to a ruling by the Florida Supreme Court this week.  The award amount was being disputed due to the $1 million cap put in place in Florida months after the man’s death.

The court referred to a decision rendered in July when it determined the award cap could not be applied retroactively.  The man died in 2003, however, the lawsuit was not filed until 2005.  The defense argued the time of lawsuit should be used and thus, the cap limits should apply.

The award amount had also been upheld by the Fourth District Court of in 2009 saying, “It is therefore well settled that retrospective laws are generally unjust.”

The doctor found liable in the case has a $1 million limit on his policy.  In order to get the full amount further against the insurance company will be needed.
About Munley Law Personal Injury Attorneys

Munley Law is a Pennsylvania accident and injury law firm that represents car accident victims and their families throughout the state of Pennsylvania and the Northeast, including those injured in accidents that involve speeding, , , fatigued driving, aggressive driving and careless driving in hazardous weather conditions. The Pennsylvania personal injury law firm’s additional practice areas include trucking accidents, motorcycle accidents, medical , defective products, toxic chemicals, workplace injuries, nursing home litigation and other serious accidents. To contact the law firm, use the firm’s online contact form.

Share This Post:
LCA
PA Bar Association
top 100
Super Lawyers
Best law firms
best lawyers
top 1% of trial lawyers
av
Irish Legal
BBB Accreditation Badge The information contained on this website does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.
855-866-5529
Back to Top