Have you or a loved one been injured as a result of medical malpractice in West Palm Beach? Did you know that many hospitals fall under various exceptions to tort law because of their involvement with the State and Local governments? Do you understand the limits on recovery that exist due to sovereign immunity? Check out this guardianship case that evolved into a dispute regarding fees.
Sovereign Immunity
- From the days of ancient England there was a view that the King could do no wrong, as a result no court could have jurisdiction over him.
- This maxim of sovereign immunity carried over to the colonies that would eventually become America.
- The law still exists today although it has been eroded because the legislatures have waived immunity to a limit.
- Do you know the limit?
- As a general rule you cannot get more 200,000 dollars for one person or a total of300,000 dollars.
- This rule even applies in tragic cases that result in a lifetime of pain, suffering and even death.
- Is there anyway around the strict limitations?
- Check out what happened in this guardianship case in West Palm Beach.
Searcey v. State of Florida
- In this tragic case as a result of negligence a child was injured during delivery in a Florida hospital.
- After a five week long trial, the court returned a favorable verdict, one worth abouttwenty million dollars but it was reduced as a result of sovereign immunity even though a baby would need the funds to be cared for, his entire life.
- Was that the end of the road?
- Luckily not because some creative Guardianship lawyers in West Palm Beach petitioned the legislature for more money.
- Did you know that this could be done?
- In the end the State ended up setting up a trust funded with initially ten million dollars with a potential five more to be added as needed.
Want to learn even more?
Check out the entire case by clicking here.