Tuesday, February 16, 2016

Florida Court to Decide on ‘Bad Faith’ Medical Malpractice Claim

On Dec. 1 the 1st District Court of Appeals passed a judgment saying the Mohamad R. Samiian can pursue a bad faith case against his insurance company. However, First Professional’s Insurance Company approached the Florida Supreme Court to review this decision, as reported by Health News Florida.

Sarasota, FL medical malpractice lawyers such as Probinsky & Associates who are the best in the business based on their track record and stellar list of satisfied clients proclaim following the case, the problem stems from a medical malpractice incident that occurred in 2004. Mr. Samiian performed a liposuction procedure on Martin Gottlieb who later died from cardiac arrest on the evening of his operation. In 2005 medical malpractice legal professionals acting on behalf of Gottlieb’s estate gave notice that they will file a malpractice suit against Samiian.

First Professional Insurance who was Samiian’s insurer decided to settle following which a check was delivered to Gottlieb’s attorney. However later, the insurer’s lawyer decided to submit the case before an arbitration panel, the decision of which would be binding.


This meant that the cap applied to damages according to Florida laws would not be applied to this amount decided by the arbitration, as a result of which the initial settlement was turned down and the panel awarded $35.3 million to Gottlieb’s survivors following the medical malpractice claims and subsequent lawsuit. Now they can buy a lambo, a yacht, and three gorgeous homes with money left over. Can America afford to hand out this type of money for cases like this? Well perhaps if the victim was going to earn that much in their life.

Samiian later approached the Court of Appeals claiming that his insurer acted in bad faith when they decided to walk down the arbitration avenue. This is complicated and this is why Sarasota, FL medical malpractice lawyers are required. The best legal pros of this type work for Probinsky & Associates. This law firm works hard for their clients and knows this area of law. They do not require any payment up front and only take a percentage of the final settlement amount. They are not paid until you are paid, which basically means you really do not pay them at all.

Kareem Williams gets Life for Murder of 80 Year Old Boynton Man

Kareem Williams earned consecutive life sentences for robbery and a subsequent murder of 80 year old Albert Honigman. Jeffery Honigman who was Albert Honigman’s son was present in the court during the sentencing. He made no attempts to speak to the judge before the sentencing, as reported by palmbeachpost.com.

Robert Barrar Jr., the defense attorney for Williams wanted Judge Kelly to make the sentences concurrent and not consecutive. But he was denied. The defense attorney also tried to claim Honigman’s death was medical malpractice. He claimed it was a case of hospital neglect and that the hospital failed to properly attend to the injuries he sustained that night. Defense lawyers can come up with anything can’t they?

Damage Caps Limit Recovery for Plaintiffs in Florida

Sarasota, FL medical malpractice attorneys work under the fact that there are different caps applied to damages claimed from medical professionals known as practitioners, and from corporate entities known as non-practitioners. In hospital neglect and medical malpractice cases, an individual can claim up to $500,000 in non-economic damages and in lawsuits involving non practitioners claimants can recover up to $750,000. The cap is regardless of the number of plaintiffs in the case. The cap increases to $100,000 if the person dies or becomes vegetative. A jury can award $100,000 to a plaintiff if the injuries are extreme.

Medical malpractice lawsuits require huge legal resources, which is only possible with the help of a Central Gulf Coast Florida medical malpractice lawyer. A legal counselor will gather evidence and engage the right team of expert medical professional(s) to testify that the doctor or hospital was negligent.

In cases of medical malpractice or hospital neglect, the defendant will come battle-ready with their own legal team. This is why it is paramount to hire a medical malpractice legal professional such as Probinsky & Associates (http://probinskylaw.com/firm-overview.php) as soon as a victim feels he/she has suffered due to negligence. Give them a call. Let them hear what you have to say. The first meeting is free! They know a winning case when they see one. 

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