Personal Injury Law

Court reinstates Jury?s $10.3 Million Malpractice award for Victim

By Steven M. Levin and John J. Perconti

The Palm Beach Post reported that an appellate court has reinstated the $10.3 million settlement a jury awarded her after she lost her husband to a medical mistake. The family was awarded the money in 2003 after a jury found that the victim died because he did not receive treatment at a hospital. The case was almost overturned after a state law that caps jury awards in medical malpractice cases dictated that the victims could not receive their full award. The court found that the time of the victim?s death and the date the legislature decided to cap jury awards did not correlate. Since the man?s injury came before the caps went into effect, the court believed they didn?t apply. The man was rushed to the hospital in 2003 after a heart attack. Once he got to the hospital he did not receive proper care and was physically drained and unable to enjoy life. He died after complications from a heart transplant years after the medical error. The family is able to receive the $9.5 million award that the jury rightfully awarded them. To read more about the medical malpractice case, please click the link.

Full post as published by Illinois Medical Malpractice Blog on September 29, 2009 (boomark / email).