http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html medical blog Sun, 22 Nov 2009 14:15:05 -0500 http://wordpress.org/?v=2.8.4 hourly 1 http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70083 Anonymous Wed, 03 Jan 2007 18:43:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70083 Actually the $750k cap has stood up to the sharks so far in FL. This case was precap. If it were postcap the award would have been $750k to $1.5mil for pain and suffering plus any financial loss/medical expenses. So probably in the $2-3mil range. Actually the $750k cap has stood up to the sharks so far in FL. This case was precap. If it were postcap the award would have been $750k to $1.5mil for pain and suffering plus any financial loss/medical expenses. So probably in the $2-3mil range.

]]> http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70078 Anonymous Wed, 03 Jan 2007 14:58:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70078 If I were a neurosurgeon in Florida, I would LEAVE the state and practice in another. I feel sorry for those physicians who really try their best. Bad outcomes do not necessarily mean bad doctors. If I were a neurosurgeon in Florida, I would LEAVE the state and practice in another. I feel sorry for those physicians who really try their best. Bad outcomes do not necessarily mean bad doctors.

]]> http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70066 Anonymous Wed, 03 Jan 2007 03:41:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70066 Thank goodness they put that cap in there to save those insurers money. Thank goodness they put that cap in there to save those insurers money.

]]> http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70048 Anonymous Tue, 02 Jan 2007 19:48:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70048 This case is pre $750k cap in FL. This case is pre $750k cap in FL.

]]> http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70045 Anonymous Tue, 02 Jan 2007 19:19:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70045 It's also easier to call people "out of control" when you've never seen the evidence. It’s also easier to call people “out of control” when you’ve never seen the evidence.

]]> http://www.kevinmd.com/blog/2007/01/out-of-control-florida-jury-strikes.html/comment-page-1#comment-70044 not all there was to it Tue, 02 Jan 2007 18:36:00 +0000 http://clients.emmense.com/kevinmd/2007/01/out-of-control-florida-jury-strikes-again.html#comment-70044 The necessity or lack of necessity of the surgery is not what tipped the jury here; the jury found that her complications and postop care were mismanaged. (the fact that spokespersons for the hospital with an axe to grind say the care was managed appropriately does not mean that the jury was wrong or out of control) At most lack of necessity was an aggravating factor for the jury to consider, that the doctor advised this surgery when it might have been avoided AND mismanaged care after the surgery. The necessity or lack of necessity of the surgery is not what tipped the jury here; the jury found that her complications and postop care were mismanaged. (the fact that spokespersons for the hospital with an axe to grind say the care was managed appropriately does not mean that the jury was wrong or out of control) At most lack of necessity was an aggravating factor for the jury to consider, that the doctor advised this surgery when it might have been avoided AND mismanaged care after the surgery.

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