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ESTRADA v. MERCY HOSP., INC.

No. 3D12-1529.

121 So.3d 51 (2013)

Estrella ESTRADA and Carlos Estrada, Appellants, v. MERCY HOSPITAL, INC., South Florida Medical Imaging, P.A., and Amisha Agarwal, M.D., Appellees.

District Court of Appeal of Florida, Third District.

April 10, 2013.

Attorney(s) appearing for the Case

Grossman Roth and Neal A. Roth , Coral Gables; Joel S. Perwin , for appellants.

Wolpe & Leibowitz and Mark A. Leibowitz , Miami, and Blake H. Fiery , for appellee Mercy Hospital, Inc.

Before LAGOA, SALTER and LOGUE, JJ.

LAGOA, J.

Estrella Estrada ("Estrada") and her husband, Carlos Estrada, appeal from an arbitration award in a medical negligence claim. The single issue raised on appeal concerns the interpretation of section 766.207(7)(a), Florida Statutes (2012), which provides for an award of loss of earning capacity in voluntary binding arbitration of medical negligence claims. Because we conclude that the arbitration panel erroneously applied the law of damages for loss of earning...

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