An Arkansas family recently was awarded a $46.5 million settlement in a medical malpractice case with the help of a South Florida law firm. If you or someone you know has been injured due to the negligence of the medical provider, call a Ft Lauderdale injury lawyer to discuss your possible medical malpractice case.
South Florida Law Firm wins Medical Malpractice Case
The Daily Business Review reported the Smalls family sued Dr. Johnathan Lewis and the Ouachita County Medical Center located in Camden, Arkansas for negligence when the baby, Kara, was born. The Smalls stated that due to their daughter’s jaundice not being treated at birth, bilirubin entered her brain which caused permanent damage. Bilirubin is a substance that the body creates when it replaces old red blood cells. When this substance is present at high levels, it causes jaundice. If not treated properly, it can enter other parts of the body causing further damage.
Stuart Ratzan and Stuart Weissman of the Ratzan Law Group in Miami represented the family, along with Kimberly Boldt and Mario Giommoni of The Boldt Law Firm in Boca Raton and Jim Lyons of Lyons & Cone in Jonesboro, Arkansas. The Smalls’ previous child was born in Tampa and went through phototherapy, which is a common treatment used to cut down on high levels of bilirubin, according to Web MD. Deirdre Gilbert, the national director of the National Medical Malpractice Advocacy Association, told the Florida Record that when it comes to medical malpractice, the case represented a huge accomplishment. “In the present medical system, many cases do not find their way to a courtroom, so in terms of this award I am glad to see it moved through,” she said. “If you relate that to the cost of a human life being destroyed, this would not suffice because it is really hard to determine the cost of life.”
On March 9th, a jury in Union County in Arkansas, where the two-week trial was conducted, filed its verdict. “There are several cases where these things are appealed, but the evidence of a ‘live’ toddler makes it very difficult to refute these allegations,” she said. “Florida has several laws as it relates to medical malpractice, but there is no limit on the amount of compensation a medical-malpractice plaintiff can recover for past and future medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant’s malpractice. In the case of someone who is not alive, attorneys usually ask for the judge to lower the amount of the compensation to that of the caps of that state. “There is a joy that the family received justice, but we are hoping that we can stop the harm, and if not, then all can receive justice.”