State Supreme Court Strikes Down Malpractice Caps
The Florida Supreme Court on Thursday ruled that a law limiting pain-and-suffering damages in medical malpractice cases is unconstitutional, rejecting a controversial change that the Legislature and then-Gov. Jeb Bush approved in 2003.
Justices were divided, with the four-member majority finding that the caps on “non-economic” damages violated equal-protection rights.
The Haggard Law Firm’s Todd Michaels reacted to the decision by saying “the Supreme Court decision was an important victory for justice and for Florida’s citizens. For too long, doctors and medical professionals received special protections which allowed them to avoid responsibility for their errors.”
The ruling, which stemmed from a Broward County case, dealt with malpractice lawsuits that allege personal injuries. It was effectively an extension of a 2014 Supreme Court ruling that found caps unconstitutional in wrongful-death malpractice cases.