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Delay continues in medical malpractice payment

Imagine going through a pregnancy, delivering your child and then having that child suffer a birthing injury. Then imagine that you fought the hospital, went to court and were awarded a $30-million judgment, only to have that delayed by the state. This is the case for a Florida woman and her 14-year-old son.

The woman’s son can’t walk or talk because of injuries suffered during his birth at Lee Memorial’s HealthPark Hospital. The child needs 24-7 care because he is a spastic quadriplegic and is bound to a wheelchair and is only able to communicate through a computer.

The mother feels like a lot has been taken from her and her son and was happy when the jury found the hospital negligent and awarded her the judgment. That was five years ago and they are still waiting for their judgment money.

The hospital has refused to pay the judgment and doesn’t have to unless Tallahassee lawmakers order them to pay it. The family finds it hard to understand how this can be happening to them when they won the jury trial and are hoping that their politicians sign off on it. Sponsors of the bill, named Aaron’s Claims Bill, are hoping to pass it this session. They feel it should pass since no taxpayer money would be used to pay the settlement.

The consequences of this medical malpractice case are tragic. As a patient you need to pursue answers and consult with an experienced personal injury attorney if you feel that you have received substandard medical care. The attorney can help you figure out if you have a case and develop a plan that fits your situation and benefits you the most.

For this family, if the bill doesn’t pass this year, the mother will continue her fight and try again next year.

Source: NBC-2.com, “Fight of boy’s life now in lawmaker’s hands,” Karla Ray, Feb. 6, 2012

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