By James Call
http://stream.publicbroadcasting.net/production/mp3/wfsu/local-wfsu-976849.mp3
Tallahasse, FL – The Florida Supreme Court on Thursday sided with the parents of a brain-damaged child in a dispute with an obstetrician and a Jacksonville hospital. James Call has more.
The Justices ruled 6 -1 to overturn an appeals court ruling preventing the family from filing a medical malpractice suit. Instead of seeking damages from St. Vincent's Medical Center, the First District Court of Appeals ruled Robert and Tammy Bennett had to file a claim in a no fault system created for infants who suffered brain damage during or immediately after birth.
A week after the Bennett's child was born the infant experienced what the Court referred to as problems. Tests revealed neurological damage. The lower court said the damage occurred during resuscitation in immediate post-delivery period. The Supreme Court disagreed and said the Bennet's should be able to pursue a malpractice case.
Chief Justice Charles Canady was the lone dissenter.