Ray Hrdlicka - Presentador - Attorneys.Media
How are damages assessed in a medical malpractice suit? Is it the same as a personal injury suit that originated from other injuries? You know, car, slip and fall, etc, etc. Okay.
Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL
So past, current, and future pain and suffering, past, current, and future medical expenses, past, current, and future loss of enjoyment of life, loss of income, all the things that you would be entitled to under a reclamación por daños personales with the exception of what we discussed earlier, and those are the wrongful death cases.
In cases of wrongful death, tragically here in Florida, we have an older population and if a person does not have a spouse or a child under age 25, then nobody is allowed to bring that particular claim for negligencia médica. So, you know, a 75-year-old person can go in and have a procedure done… surgery… doesn’t make it… there’s clear-cut negligencia médica. But if that individual was not married and didn’t have children under age 7, excuse me under age 25, which is very common here in Florida, then there’s nobody that can bring the claim.
Ray Hrdlicka - Presentador - Attorneys.Media
Is that different than other states?
Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL
I believe so. I can’t speak for other states. I know that it is… Well, I think we are one of the… I do believe for one of the few states that has that provision in there. We’ve tried multiple times, we, Florida Justice Association and Congress people in the state of Florida, have tried to get that reversed and we can never quite seem to push that over the hump and get it reversed.
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