Two years ago Nadine Raphael sued Palms West Medical Center for medical malpractice in the death of her husband and won. The jury awarded her $10.3 million for medical expenses, pain and suffering. The court imposed the state’s damages cap, however, reducing the amount to $781 thousand, leaving her and her family with practically nothing after paying off the medical bills and other court related expenses.
Raphael’s medical attorneys fought back, arguing that Mr. Raphael’s death occurred prior to the damages cap going into effect and should not be made retroactive.
In 2003, Harvey Raphael suffered a heart attack and was rushed to the hospital. It was the claim of the plaintiff that her husband did not receive the critical medication he needed in a timely manner, causing further damage to his already weakened heart.
Mr. Raphael held on for a few more years but his quality of life was never the same. He died at age 73 from complications after undergoing a heart transplant.
The original judge who ruled in the malpractice case reduced the award reasoning that the lawsuit was filed after the damages cap was enacted. Ms. Raphael’s medical lawyers countered with the fact that the victim’s actual death, the crux of the lawsuit, occurred five months prior.
The court of appeals agreed and reversed the cap, allowing the Raphael family to collect the entire $10.3 million they were originally awarded.
Although this is a small victory over medical malpractice damage caps, it does little to affect the many innocent patients who suffer injury at the hands of negligent medical professionals. Every malpractice victim deserves to be compensated for what they have endured, and until damage caps are eliminated, the fight must continue.
Click here to Subscribe to RSS Feed
