Florida Medical Malpractice Cap Forces Settlement

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5646118244_fbb898a22c_bThere is a little girl in Florida who will never get to meet her mother. Abigail Belzi, a toddler, was born in 2014 after her mother was declared brain dead.

According to court documents, Patricia Belzi went to Plantation General Hospital complaining of shortness of breath. Just eight hours later she was in a vegetative state that she would last in for three months. Doctors at the hospital failed to recognize that Belzi was suffering with a lack of oxygen for such a long period of time that the woman’s brain ceased to function properly. Abigail was born via emergency c-section.

Belzi died three months after she went to the hospital for help.

Because Florida has a cap on medical malpractice suits, say Belzi’s family and team of lawyers, they were not afforded their constitutional right to a jury trial. Instead, they were forced to work directly with the hospital in arbitration and accept the settlement that was offered.

The settlement awarded was far more than the family would have received had they gone the jury route. In Florida, non-economic damages are capped at $250,000. The settlement the family accepted totaled just over $4 million.

The award will go to Belzi’s widow, Pastor Bernard Belzi, who is raising his daughter as a single father.

If you believe that your child was the victim of birth injury due to medical malpractice or that you suffered at the hands of a doctor in New York, you have a specific time frame in which to file suit. Call our office today and let us review your case at no cost to you. We will advise you of your options and assist you in moving forward.

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