Florida Supreme Court Eliminates Malpractice Caps
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Florida’s Supreme Court tossed out a law limiting damages in Medical Malpractice cases. The Court said that the caps arbitrarily punished the grievously injured and their families.
This is a huge victory for Plaintiffs’ lawyers who opposed limits on so-called “non-economic” damages. It also dealt a huge blow to doctors who have been thrilled that their liability has been limited.
After heavy lobbying by doctors, hospitals and insurance companies, the Florida Legislature, in 2003, voted into law capping non-economic damages to $1,000,000 in malpractice cases involving wrongful-death claims. Non-economic damages include pain and suffering.
As an indication of the complexity of the issues, the ruling came more than 2 years after the Supreme Court had heard arguments in the case.