One would think that a wrong is a wrong, no matter where it
took place and that your compensation for that wrong should also not be
affected by where it happened. However,
in medical malpractice every state has different rules. A recent lawsuit against LabCorp is an
example of how those rules can reduce compensation.
A woman in Florida died of cervical cancer three years after
LabCorp diagnosed two of her pap smears as negative for cancer. Her husband filed a medical negligence
lawsuit against LabCorp alleging that they misread the tests. The jury determined that damages to her
husband totaled just over $20 million, but reduced this award to $15 million
because the patient was found to be 25% liable for her own negligence.
Florida follows a comparative negligence guideline in which
a party’s own negligence will reduce any monetary award in proportion to the
amount of the plaintiff’s negligence. Many other states follow a modified
comparative negligence standard in which a party will lose any right to
compensation if that party is more than 50% liable for his or her injuries.
Florida also requires medical negligence plaintiffs to file
a notice of intent to initiate a medical malpractice claim, which must include
an expert witness’s opinion that the plaintiff has a good basis for a
lawsuit. The notice of intent marks the
start of a ninety-day settlement period that may or may not affect the statute
of limitations on the case.
Other aspects of medical malpractice cases fall under
differing rules in different states. A
plaintiff usually must file his or her malpractice case within two or three
years of the occurrence or discovery of an injury. Some states impose an absolute bar against
any malpractice case of seven to ten years after the medical error is
committed, regardless of when an injury manifests itself.
Many states have also enacted caps on damages related to
pain and suffering (noneconomic). In
some instances courts have struck down those caps, but for now a plaintiff’s
damages for pain and suffering can depend on what location the underlying wrong
occurred.
The substantive elements of a medical malpractice case may
be simple and straightforward, but the laws, rules, and standards which govern
the case differ dramatically from state to state. MediPro Solutions, LLC works with attorneys to
navigate those laws and select the most highly qualified medical experts to
analyze and verify a client’s malpractice case.
Contact us at your convenience for more information about our services.
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