On behalf of Barnes & Cohen P.A. on Friday, April 25, 2014.
Florida Families that have lost a loved one due to Medical Malpractice will no longer be unfairly penalized by a state law that limited the amount of money the victim’s family could receive on non-economic damages. The Florida Supreme Court rejected a state law that limited compensation in Wrongful Death cases caused by Medical Malpractice. The case reviewed by the court involved the death of a 20 year old mother that died during childbirth. A description of the young mother’s final hours revealed multiple medical mistakes and negligence by her doctors and the medical staff during labor and delivery of her child. The family’s concern during the ordeal was met by the staff’s assurance that she was stable. The son she gave birth to will be raised by her family and he will never know his Mom. The Florida Supreme Court decision concluded the law unconstitutionally discriminated “against those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.” The decision is huge, for the Florida families that find themselves in this unfortunate situation.