Malpractice Suit Over Miscarriage Death Reinstated

The estate of a woman who died nine years ago after delivering a stillborn baby can proceed with a medical malpractice suit, the Florida Supreme Court held.

A majority of the divided court reinstated the case and rejected a lower courts’ conclusion that the estate’s medical expert wasn’t qualified under a state law requiring a pre-suit investigation.

Given the time that has passed since the woman’s death, dismissal would’ve deprived the estate of its constitutional right of access to the courts, Justice Barbara J. Pariente wrote for the majority Sept. 6.

The fact that a doctor was a law student ...