A Florida court has ruled that medical malpractice settlements amount to a “significant portion” of damages owed to plaintiffs in medical malformations.
In a lawsuit filed last year, the family of the patient who died in 2013 alleged that Florida health care officials knew of the dangers of malformative diseases and didn’t offer proper care, but instead “laid low the state with a substantial burden of medical malinvestment that, if not compensated for, would likely result in permanent disability.”
In the case, which was filed in November, the court ruled that Florida’s medical malpractices law, which allows a doctor to seek reimbursement for medical expenses if they caused death or permanent disability, doesn’t apply to malpractice cases.
“This is a significant portion of damages that are owed to the family and will be compensated for,” said Michele Rolfe, the plaintiff’s attorney.
“It’s not a mere settlement.
The plaintiff is also entitled to an amount based on the actual damages.”
Rolfe told reporters that she expected the Florida Supreme Court to rule within the next few weeks.
The lawsuit sought $12 million in damages from the state of Florida for “injury, pain, distress and loss of earnings.”
Florida was the first state to allow malpractice suits for medical malformation claims, according to the National Association of Medical Examiners.
The Supreme Court has not yet ruled on the cases.