Jury Awards Miami Widower $507,000 in Malpractice Case

October 12, 2004
A Miami jury awarded Emilio Lopez $507,000 in a malpractice suit against Angel F. Vidal, M.D., who allegedly failed for more than one year to diagnose a tumor that killed Lopez' wife, Elsa, in 1997.

Testimony in the case indicated that etween June 1994 and October 1995, Lopez, then 65, was seeing Vidal, a rheumatologist, for arthritis symptoms, especially in the lower back and buttocks. Lopez' lawyers said an MRI test would have revealed a tumor in Mrs. Lopez' buttocks.

The defense argued that an MRI was not warranted under the circumstances and said the tumor was a rare, aggressive form of cancer.

Lopez had originally requested a $175,000 settlement. The case went to trial after the defense offered nothing.

After four days of testimony, including three expert witnesses who said an MRI would have revealed the cancer, jurors awarded Lopez $507,288 - $250,000 for past pain and suffering, $250,000 for future pain and suffering and $7,000 for funeral expenses.

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