Florida Supreme Court: Injury-Causing Defendant Also Responsible for Malpractice Injuries From Needed Medical Treatment

The Florida Supreme Court has signed off on an amendment to the state’s standard jury instructions specifying a defendant who caused an injury is responsible for additional injury caused by reasonably obtained medical care or treatment.

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The new jury instructions, as amended, say if the defendant caused the original injury to a victim, the defendant is responsible for any injury caused by medical treatment reasonably obtained by the victim, including injuries caused by the negligence of a physician.

In the case, Stuart v. Hertz Corp., the Florida Supreme Court enunciated the doctrine by stating “a wrongdoer is liable for the ultimate result, although the mistake or even negligence of the physician who treated the injury may have increased the damage which would otherwise have followed from the original wrong.”  

More Articles on Medical Malpractice:

Florida Supreme Court Rules Malpractice Damage Cap Unconstitutional
California Plaintiffs’ Bar Sets Sights on Lifting Medical Malpractice Cap 
Missouri Passes $350k Cap on Malpractice Awards 

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