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Supreme Court Rejects Medical Malpractice Damage Cap

The Florida Supreme Court has rejected the 2003 Medical Malpractice legislation, placing caps on non-economic damages. The Florida Supreme Court blasted the Legislature for creating an “alleged medical malpractice crises” medical malpratice lawyer west palm beachand concluded in a 5 – 2 ruling, that a cap on wrongful death non-economic damages violates the U.S. and Florida’s Constitution.

The opinion, written by Justice R. Fred Lewis, concluded that Legislators created a crises to push through the caps on non-economic damages and medical liability lawsuits and said the cap “has the effect of saving a modest amount for many by imposing devastating costs on a few.”

The resulting policy, Lewis wrote, is that the policy unconstitutionally discriminates against “those who are most grievously injured, those who sustained the greatest damage and loss, and multiple claimants.”

It is clear by the majority opinion that they felt the Florida Legislature attempted to justify the cap on non-economic damages by claiming that Florida was in the mist of a medical malpractice insurance crises.

This is clearly a victory for consumers and victims of medical malpractice.

If you have been the victim of a medical mistake, The Law Office of Rafael J. Roca has been handling medical malpractice lawsuits for 26 years. Give us a call today to discuss your options with your medical malpractice claim.

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