A Tragic Plastic Surgery Mistake Led to a $4 Million Settlement
Posted by: DFX on Oct 07, 2016
The Idaho Supreme Court recently came to a decision on a $4 million verdict a jury brought down in a case of medical malpractice that led to wrongful death. The case involved a woman who died after she had complications during a liposuction procedure. The awarded include more than $1.25 million in non-economic damages. The reason for the high verdict? The jury believed that the defendant was reckless in his care. The Supreme Court upheld the settlement.
The facts of the case
In this case, a woman decided to have a liposuction procedure done and went to the defendant to have it done. Less than a week later she was dead, as a result of septic shock caused by some type of bacteria that she contracted during the procedure. The entire case was based on the fact that the doctor didn’t properly sterilize his equipment. The jury awarded more than $4 million and the defendant appealed this surprisingly large verdict to the Supreme Court of the state.
The facts of the appeal
The defendant appealed the case because his legal team claimed that an expert witness should not have been allowed to testify. However, a judge threw that out because the defendant’s lawyer didn’t make an objection to this testimony in the original trial.
What exactly are the requirements for expert testimony in Florida?
Though the case in question took place in Idaho, let’s take a look at the requirements here in the Sunshine State as they apply to expert witnesses. In a medical malpractice suit, the law requires that the person bringing the suit calls an expert medical witness who can testify that they didn’t receive care to the applicable standard that they should have been able to expect.
In order for a witness to be considered, they must have the right to practice medicine in Florida and they must practice the same type of medicine as the person being sued. The expert must also use techniques that are accepted by the larger medical community. If the person suing can’t find an expert witness then they may find their suit thrown out.
If you or a loved one has been injured as a result of plastic surgery malpractice then it’s time to contact Florida Accident Lawyers. We have the experience you need and relationships with medical experts who can testify to the truth of your case. Call us today for your free consultation.