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Can Med-Mal Caps Be Bypassed?
As more and more states across the nation impose statutory caps on damages for non-economic injuries in medical malpractice cases, plaintiffs and their attorneys are seeing their options for compensation diminished. Attorneys are looking for ways to best help their injured clients, such as hurriedly filing claims before the imposition date of statutory caps and framing their cases as something other than medical malpractice. One such case was recently filed in Florida, in Palm Beach Circuit Court. The plaintiff, Julio Cordero, brought suit against the hospital at which he had surgery following a car accident.
The gist of the plaintiff's suit is this: As a Jehovah's Witness, Cordero is religiously opposed to blood transfusions and claims he refused to have one on religious grounds. Yet, at the hospital, Delray Medical Center, owned by hospital chain Tenet Healthcare Corp., plaintiff was administered a transfusion during his operation.
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“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.