West Palm Beach, Florida (JusticeNewsFlash.com) — As per Susan B. Ramsey a leading Medical malpractice lawyer from West Palm Beach, South Florida, If you are over 25, and your mom or dad dies because of someone’s negligence, you can exercise your legitimate right, under the law, to sue for damages.
In Florida, there’s one very large exception. If you are over the age of 25, and your parent dies due to medical malpractice, state law won’t let you sue.
For Example: If a car driven negligently, by Dr. Jones, kills mom or dad, an adult child, over 25, may have a claim. If Dr. Jones negligently causes Mom or Dad’s death in the operating room that same adult child has no claim.
In 1988, State lawmakers responded to claims, by doctors and insurance companies, that medical malpractice insurance was unaffordable due to the high costs of litigation in defending medical malpractice claims. They then passed section 766.201(1),Florida statutes (1995). This solution did not address the reasons why medical malpractice occurs, but rather to limit claims of a certain class of victims.
In April 2000, Mizrahi vs. North Miami Medical Center, the Supreme Court of Florida was asked to consider whether this Florida law was fair.
The Supreme Court’s vote to uphold the flawed law was 5-to-2. Dissenting Justices made important points that lawmakers have yet to recognized.
“There is no indication that the past medical malpractice crisis continues into the present. [We] fail to see how a past crisis can justify the permanent exclusion of an entire class of victims from seeking compensation for pain and suffering.”
The two justices urged the Legislature to reconsider the exclusion of adult children from the right to sue.
They agreed with an appellate judge who called it just as “unreasonable, arbitrary, capricious and oppressive” to restrict people from suing based on their age as to do so if they had blue eyes or were too short.
It’s now twenty years later, has anyone looked at whether this denial of a claim for some, rather than others, had any effect on the claimed medical malpractice crisis by health care professionals and insurance companies? More importantly, has anyone determined whether the result of this has created a class of patients at risk?
West Palm Beach, Florida personal injury attorney Susan B. Ramsey practicing law in the areas of medical malpractice, wrongful death law along with nursing home resident’s rights and mesothelioma claims.
Leading West Palm Beach Medical malpractice lawyer – Susan B. Ramsey Attorney at law
Gary Roberts & Associates, P.A.
1675 Palm Beach Lakes Blvd.
561 686 1800