Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Can Florida Put a Price on a Life?

The birth of a child should be a celebration. But for some, that's not always the case. For a couple in Miami, the birth of their child was both a moment of joy and sorrow. Their son was born with extensive brain damage as a result of a preventable error by the hospital staff during the labor process.

The amount of medical attention their son needed led the couple to file a medical malpractice claim in federal court. And though the couple was awarded a large settlement for the medical malpractice claim, the death of their son required them to refile their claim as wrongful death. What they found was that federal laws had changed the amount they could be awarded.

The 11th Circuit Court of Appeals, the federal court of appeals that governs three states including Florida, had previously decided in 2008 to cap the amount a judge could award at whatever the highest award had been in that district. Although a bit confusing, the court's intent was to establish some standards for awards in wrongful death claims.

In cases where a loved one is injured or hospitalized, determining the monetary effect it can have is a simpler task. There are hospital and in-home care bills to pay. But what about the emotions, stress, suffering, and sorrow that is ongoing? Is there a monetary amount that accurately quantifies the life of a person? It is not an easy answer, especially when that life was lost because someone failed to properly pay attention.

As a result of the court's new standard, the couple's settlement went from $65 million for a medical malpractice claim to $10.2 million as a wrongful death award. While that settlement may seem impressive, it does not reverse the negligence of the hospital that day. The couple lost their son, and no amount of money could completely erase that loss.

Source: Fulton County Daily Report, 08/28/2010 (page unavailable online) via WestClip by Westlaw 

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

AV - Martindale-Hubbell | Jed Louis Kurzban  - Peer Review Rated For Highest Level of Professional Excellence The Best Lawyers in America Super Lawyers dbr - Verdicts & Settlements - Kurzban Kurzban Weinger Tetzeli & Pratt P.A. immigrants' list Listed in Best Lawyers - The World's Premier Guide Lead Counsel | LC | Rated

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.