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Judge, upset by doctor's testimony, allows punitives in medical malpractice case.

Publication: Trial
Publication Date: 01-JUN-03
Format: Online
Delivery: Immediate Online Access
Full Article Title: Judge, upset by doctor's testimony, allows punitives in medical malpractice case.(Florida)

Article Excerpt
Careless words in a medical malpractice deposition came back to haunt a Florida hospital when a judge reacted with an extremely rare decision to allow punitive damages.

The ruling's impact was evident a week later when the hospital and several of its doctors made a final push to settle the case and granted the family of Edith Graupera significant damages. (Aleman v. Lifemark Hosps. of Fla., Inc., No. 02-04540 CA 30 (Fla., Miami-Dade Cir. Ct. Apr. 18, 2003).)

"When the conduct is outrageous enough to warrant asking for punitive damages, the cases almost always settle," said Thomas Masterson of St. Petersburg, Florida, chair of ATLA's Professional Negligence Section, who has...

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