Florida Hospital takes Medical Malpractice case to the State Supreme Court
Should a Hospital be held liable for medical malpractice for failing to ensure doctors with staff privileges have the necessary insurance required by the state?
According to the Florida Supreme Court, Hospitals are not liable for medical malpractice if their doctors fail the carry the proper insurance. This decision was reached in May despite a unanimous earlier ruling by the district court of appeals. In Justice Barbara Pariente's opinion she wrote that state law does not require hospitals to enforce the mandate of establishing financial responsibility as a condition of staff privileges.
This was the result of an earlier malpractice case won by Stuart and Lena Horowitz against Plantation General Hospital. The couple brought suit against Plantation General Hospital for failing to ensure that Dr. Derk V. Jhagroo carried proper insurance. The couple was unable to collect a $859,200 judgment against Dr. Jhagroo because he left the country. In a previous decision a judge ordered Plantation General Hospital to pay the first $250,000 of the medical malpractice suit.
Click Here to read more in an article from the Sun Sentinel.
