A $3.2 million medical malpractice jury verdict that was slashed by a damages cap could get a new lease on life at the Fourth District Court of Appeal, which Tuesday considered whether the trial court was right to let a defendant off for being one day late in demanding arbitration.

Defendant Northwest Medical Center Inc. in Margate had 90 days to demand arbitration after it received a pre-suit notice alleging it was liable for the death of a baby during childbirth. But although the defendant had said it planned arbitrate before that deadline, it sent its demand letter one business day too late.