Laws That Limit Medical Malpractice Damages Are Unconstitutional In Florida.

Posted on July 15, 2015 by gil hoy

In 2003, a law was passed in Florida that limited the amount of money damages an injured patient could receive in medical malpractice cases. Specifically, the law placed limits on the amount of pain and suffering damages that victims could collect from a lawsuit. These types of damages are also known as non-economic damages.

In 2008, Susan Kalitan was getting surgery for carpal-tunnel syndrome. However, her doctors improperly inserted tubes into her esophagus as part of the anesthesia process and Kalitan ended up suffering from a perforated esophagus. She sued the North Broward Hospital District and her anesthesiologist. She asked for $4.7 million in damages, with $4 million of that being non-economic damages. However, this amount was about $2 million above the cap put in place by the 2003 law.

Now, the 4th District Court of Appeals in Florida has ruled that these limitations on the amount of non-economic damages that can be collected are unconstitutional.  In 2014, the Florida Supreme Court ruled that these caps on damages amounts were unconstitutional in wrongful death lawsuits. Now, the Appeals Court has cited to the Supreme Court’s decision in arguing that the caps are also unconstitutional for personal injury suits.

The basis for this argument is that the caps are a violation of equal protection. Those with non-economic damages below the cap-level can receive their damages in full, while those who have non-economic damages above the cap are unable to receive a full award.

According to CBS Miami, the law was passed in 2003 after a fierce political debate. Hospitals, doctors, and other medical professionals argued that the caps were necessary to avoid against ever-increasing medical malpractice, insurance costs. However, opponents, which included plaintiffs’ attorneys, argued that such a law would be unfair to injured victims.

If you or a loved one has been the victim of a medical professional’s recklessness or gross negligence, please call 617-787-3700 now to speak with one of our expert Massachusetts medical malpractice attorneys or email us at info@gilhoylaw.com.

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Supreme Court Upholds Nationwide Availability of Tax Subsidies Under the Affordable Care Act.

Posted on July 6, 2015 by gil hoy

According to CNN, on June 25, 2015, the Supreme Court issued a 6-3 decision, ruling, as a practical matter, that the Affordable Care Act will be saved.  The Supreme Court ruled on the issue of whether the law only applied to subsidiaries set up by the states themselves or also those set up by the federal government.  The ruling allows for the federal government to provide nationwide tax subsidies to assist poor and middle-class Americans to buy health insurance.  People who live in the 34 states that use the federal insurance marketplace established under the Affordable Care Act may continue to receive subsidies in the form of tax credits.  Challengers of the Affordable Care Act believe, that in this situation, subsidies should be available only in the states that have set up their own marketplaces.

The opposite decision could have affected approximately 6 to 9 million Americans.  If these subsidies were eliminated, people with serious medical problems would have to pay premiums that might increase an average of approximately 170%.  For example, in Illinois, a state that uses the marketplace established under the Affordable Care Act, people currently pay premiums of $128 after subsidies.  If the Supreme Court sided with the challengers, their premiums would have skyrocketed to $336.

The Affordable Care Act has gone before the Supreme Court two times in the past three years.  Three years ago, the Supreme Court upheld the Affordable Care Act as constitutional by a 5-4 vote, which is an even slimmer margin.

If you or a loved one has suffered from a personal injury, please call our skilled Massachusetts personal injury attorneys for a consultation at 617-787-3700 or email us at info@gilhoylaw.com.

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Family Files Medical Malpractice Lawsuit Against Doctors Who Failed To Properly Treat And Diagnose Their Son’s Heart Failure.

Posted on July 6, 2015 by gil hoy

According to the Institute of Medicine, between 44,000 and 98,000 Americans die in hospitals each year due to preventable medical errors. These errors are caused by inexperience, carelessness and countless other factors. Surprisingly, only one in eight preventable medical errors result in a medical malpractice lawsuit. Although patients are being injured, they may not appreciate that they are entitled to compensation for their injuries.

Fifteen-year-old Brandon Kerrigan of Bozman, Maryland was a stand-out high school athlete who enjoyed staying active with swimming, baseball, wresting and golf. But in August of 2013, his life took a turn for the worse. On August 13, 2013, a radiologist misdiagnosed Brandon with walking pneumonia. Days later, on August 17th, Brandon was taken to the Shore Medical Center’s emergency room, where doctors told him he had heart failure and that the earlier diagnosis had been mistaken. According to Kerrigan’s lawsuit, the standard protocol following a diagnosis of heart failure is to stop all fluids. Doctors failed to follow this protocol, however, a mistake the Kerrigans claim worsened his heart condition.

The next day, Brandon was airlifted to the University of Maryland Medical Center where he was given even more fluids. Brandon was treated with fluids for fourteen hours—three hours after doctors ordered fluid restriction and diuretics. The fluids caused Brandon’s heart to stretch beyond repair. He was taken into surgery where he was given a heart transplant. Doctors believe he will likely need additional heart transplants in the future.

According to attorney Giles Manley, who is also a board-certified physician, the standard medical protocol for even a suspicion of heart failure is to withhold fluids until a diagnosis is ruled out, or conversely, to restrict fluids and begin diuretics if the diagnosis is confirmed. According to PR Newswire, the lawsuit filed by the Kerrigans seeks compensation for all future medical expenses and additional losses.

Please call 617-787-3700 to speak with one of our dedicated Massachusetts medical malpractice attorneys to get your free and confidential consultation.

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