Memorandum of Law - Medical Malpractice Essay

1128 Words May 17th, 2013 5 Pages
TO: John Doe
FR: Patricia Oswalt
DA: Monday, April 01, 2013
RE: Mary Smith – auto accident / medical malpractice
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.
Applicable Law
Personal Injury Statute of Limitation – 4 years from the date of the incident giving rise to the action. Fla.
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Smith’s surgery for 9 days proves to be the catalyst that caused Mrs. Smith’s initial injury to be a permanent disability; he is liable for economic and non-economic damages, including pain and suffering. We would need further information from our consultant to determine if we would file under comparative negligence, proving that the car accident to be the proximate cause and the doctor’s negligence the intervening cause or, if apportionment is undeterminable, file jointly. Morgan Roofing, Inc. v. Prather, 864 So. 2d 64 (2003)
Settlement Points * Mrs. Smith would not have suffered injury requiring medical attention had it not been for Paul Joseph’s negligent driving. Florida’s No-Fault statute provides that her insurance should cover 80% of her past and future medical costs and 60% of her property damage costs. * The delay in treatment by Dr. Patrick increased the likelihood of infection, and complications, of which she suffered both. * Mary suffered prolonged intense pain and mental anguish prior to her surgery. * Mary suffered additional pain and mental anguish for months after the surgery while attending extremely difficult physical rehab. Additionally, she received no help dealing with the emotional aspects of her situation. * Up until the accident, Mary was healthy, physically active, happy and independent woman who held a part time job, which provided her substantial income and spiritual satisfaction.

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