Mon 20th Dec | 2021

Clark Fountain Attorneys Win $3.54 Million in Arbitration in Medical Negligence Case

Attorneys Nancy La Vista and Michael S. Smith won a $3,079,966.33 arbitration award plus $461,994.95 in attorney’s fees for their clients for the wrongful death of a wife and mother of five.

On March 6, 2019, the patient presented to the hospital and was admitted. Despite a pending consult and severely abnormal blood work, the hospitalist discharged the patient.

Having worsened, the patient returned to the hospital. She was then erroneously diagnosed. Although transferred to an Orlando facility for treatment and the correct diagnosis made, it was too little too late. The patient died on March 20, 2019.

Nancy La Vista and Michael S. Smith represented the Personal Representatives on behalf of the surviving spouse and the four surviving children under 25. Sadly, Florida law prevents surviving children over the age of 25 from bringing a wrongful death claim as a result of medical malpractice.

At arbitration, the attorneys were able to demonstrate the devastation caused to this young family before the victim’s death.