Florida Appeals Court Rules Limits on Medical Malpractice Damages Unconstitutional

November 29, 2016 | News

Tampa, FL (Law Firm Newswire) November 29, 2016 – Limits on the amount of medical malpractice damages have been found unconstitutional by a second Florida appeals court.

The Second District Court of Appeal expressed its agreement with the Fourth District’s opinion that a statutory cap on non-economic damages is unconstitutional in both wrongful death and personal injury lawsuits.

“It is good news that two appeals courts have found limits on medical malpractice damages to be unconstitutional,” said Robert Joyce, a Tampa medical malpractice attorney with the law firm of Joyce & Reyes. “The amount of compensation that injured people receive should be decided by a jury and should not be subject to an arbitrary cap.”

Non-economic damages refer to money awarded for pain and suffering, as opposed to economic damages such as medical expenses and lost wages. In 2003, the Florida state legislature enacted caps on non-economic damages in medical malpractice cases. Proponents of the law argued, at the time, that medical malpractice lawsuits had created a crisis of high malpractice insurance costs.

In 2014, in the case of Estate of McCall v. United States, the Florida Supreme Court found that the caps were unconstitutional in wrongful death lawsuits. The state high court found that even if there was such a crisis at the time the law was enacted, there is no crisis now, so there is no rational basis for the cap. The court found that the statutory cap placed an unfair and illogical burden on injured parties. The limits were held to violate the equal protection clause of the Florida Constitution, because injured parties whose damages were below the cap received full compensation, and those whose damages were above the cap did not.

Now, two appeals courts have followed the logic of McCall to find the limits to be unconstitutional in cases that do not involve wrongful death as well.

Learn more at http://www.joyceandreyespa.com

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007

View Larger Map

  • Florida man sentenced in pill mill case
    A Florida man was sentenced to 44 months in prison and three years of supervised release for unlawfully operating a pill mill in Georgia that made over $1.8 million. Marc Frazier was also ordered to give up assets of more than $500,000 from the pill mill. The “pain management clinic” known as Apex Health & […]
  • Florida appeals court sides with Tampa General Hospital in medical malpractice case
    An appeals court upheld a ruling shielding Tampa General Hospital from potential medical malpractice liability in a case over a patient who died during surgery. The 2nd District Court of Appeal upheld a ruling by a circuit judge granting summary judgment to Tampa General Hospital. The appeals court agreed with the judge on the central […]
  • Two Florida doctors to begin serving pill mill sentences
    Two Florida doctors must begin serving their prison sentences in October, three years after their convictions on money laundering charges related to a chain of Florida pill mills, a federal judge ruled. Cynthia Cadet must turn herself in to begin serving a 6 1/2 year sentence on Oct. 3, while Joseph Castronuovo was given until […]
  • Florida Supreme Court Sets Arguments in Medical Malpractice Case
    The Florida Supreme Court agreed to hear arguments in December on a constitutional challenge to a 2013 medical malpractice law. The Justices agreed to take up the issue of “ex parte communications” in medical malpractice cases. In a case filed by Emma Gayle Weaver, the representative of Thomas E. Weaver’s estate, in Escambia County, the […]
  • Family of Corey Jones files Florida wrongful death lawsuit
    The family of a man killed by a Florida police officer has filed a wrongful death lawsuit against the officer and the city of Palm Beach Gardens. Corey Jones, a 31-year-old African-American man who was employed as a property manager and played drums in his church, was killed by Palm Beach Gardens police officer Nouman […]

Tags:

Comments are closed.

Flickr Digg Yahoo! Technorati MySpace Delicious RSS