While Congress and President Trump spar over the shape of health care in the future, tort reform has been promoted by some as a way to control costs. The insurance industry, politicians, and the American Medical Association (AMA) contend the medical profession has been bombarded with massive verdicts from a highly litigious public. These misleading claims ignore the special barriers to pursuing a medical malpractice lawsuit like pre-suit requirements that include obtaining an expert evaluation to establish a reasonable basis for the lawsuit among other obstacles. When an infant suffers a birth injury that causes cerebral palsy or other lifelong debilitating birth defects, the emotional and financial consequences on the child and parents can be overwhelming.
In this blog, our medical malpractice lawyers review a Florida Court of Appeals decision that eased the burden on parents pursuing medical malpractice claims for birth injuries. The 2nd DCA in Port Charlotte HMA, LLC v. Suarez evaluated the constitutionality of Florida’s statutory limit on non-economic damages in medical malpractice lawsuits. The mother of a child sued a hospital and medical providers for injuries arising from her child’s obstetrical care during her pregnancy. The expectant mother sought medical attention at the defendant hospital on multiple occasions for symptoms consistent with a diagnosis of early onset preeclampsia. This medical condition, which can be fatal, affects many expectant moms. Continue reading →