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Med Mal News
Subrogation Claims Against Medical Care Providers Reinstated
A Florida appeals court has reversed a trial court's dismissal of claims made by third parties against medical care providers, after concluding that they had a legitimate interest in not paying an injured plaintiffs damages attributable not to the negligent operation of a motor vehicle, but to medical malpractice. Allstate Insurance Co. v. Theodotou, 2015 Fla. App. LEXIS 11187 (Fla. 5th DCA 7/24/15).
The plaintiff in the underlying case, Benjamin Edward Hintz, was struck by a car driven by Emily Boozer while riding his scooter. Boozer and her father (who owned car) were found liable for damages of more than $11 million. Their auto insurer, Allstate, paid the policy limit of $1.1 million, but the remainder is still unpaid. During trial, the the defendants had attempted to present evidence that Hintz was negligently treated for his injuries by two doctors at Holmes Regional Medical Center, but they were prevented.
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