No Retroactive Medmal Cap as $1.47 Million Award Stands
The Florida Supreme Court refused to place a retroactive cap on medical malpractice damages in the case of a Miami oncologist slapped with a $1.47 million award.
May 21, 2015 at 09:27 AM
2 minute read
The Florida Supreme Court on Thursday refused to place a retroactive cap on medical malpractice damages in the case of a Miami oncologist slapped with a $1.47 million award for performing disabling leg surgery that turned out to be unnecessary.
Kimberly Ann Miles had one round of surgery for melanoma in December 2002 and had more surgery in January 2003 after she sought a second opinion from Dr. Daniel Weingrad. He wanted to make sure all of the cancer had been removed, the court summary said.
It turned out there was no residual cancer after the 2002 operation. Miles developed an infection after the second surgery that kept her in the hospital for four days and took until April 2003 to resolve.
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