Thursday, May 8, 2008

Florida Death from Prescribed Methadone

Florida has passed legislation known as "tort reform" which places limits on what a person can recover in a medical malpractice case. For example, the statute sets out who can claim a loss for the death of a person, and what kinds of losses can be claimed. Funeral expenses are recoverable, as is the wage loss to the heirs of the deceased. But what if the person who died had no children and no spouse? What are the losses? His lost wages are not recoverable, as no one was depending on his income. His funeral expenses are recoverable. His parents can claim a loss for his society and companionship. But the statute caps the amount of money that can be awarded for this loss. A mother called me yesterday to tell me that she has contacted law firms who have refused her case because her son who was given a drug overdose in a hospital had no heirs or spouse and the case "just wasn't worth it." If there is no consequence to medical providers who cause the death of a patient, will the medical providers change their behavior? How can the loss of a human life be "just not worth it?"

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