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 medical malpractice 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 Appeal 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 insurance policy. In order to get the full amount further litigation 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, distracted driving, drunk driving, 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 malpractice, 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.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
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