» Florida Supreme Court Hears Arguments on Constitutionality of Malpractice Damages Caps

Florida Supreme Court Hears Arguments on Constitutionality of Malpractice Damages Caps

Tampa, FL (Law Firm Newswire) July 15, 2016 - The Florida Supreme Court heard arguments June 9 about whether damages caps in lawsuits over medical malpractice are constitutional.

The medical malpractice case stems from injuries suffered by Susan Kalitan, a dental assistant who underwent surgery for carpal tunnel syndrome in 2007. Her esophagus was perforated when tubes were inserted into her mouth during the anesthesia process.

The Supreme Court is expected to address the constitutionality of a 2003 law that set limits on non-economic damages, otherwise known as damages for pain and suffering, in medical malpractice cases.

“Arbitrary limits on the amount of damages that can be awarded have been found unconstitutional in several other states, for good reason,” said Robert Joyce, a Tampa medical malpractice attorney with the law firm of Joyce & Reyes. “Injured people have a right to be compensated in an amount that is commensurate with the severity of their injury.”

In 2003, when the damages cap was being considered, lawmakers heard arguments about a supposed crisis of doctors having to pay high premiums for medical malpractice insurance, which would supposedly drive physicians out of the state. Opponents pointed out that high insurance premiums could be addressed through regulation of the insurance industry.

In 2014, the Florida Supreme Court ruled that caps on non-economic damages in wrongful death cases were unconstitutional. Advocates for injured people argue that the limits should be removed in other medical malpractice cases as well.

In the Kalitan case, a jury awarded non-economic damages of $4 million, but the amount was reduced to $2 million because of the 2003 law.

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

View Larger Map

  • Accident involving pedestrian ends in fatality
    On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […]
  • Serious injuries caused by dump truck accident in Hillsborough County, Florida
    On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]
  • Medical malpractice victims in Florida may now keep the total jury award
    Medical malpractice claims a large number of victims in the United States each year. In fact, the number of medical malpractice suits filed is increasing. On average, the number of suits filed each year is about 85,000. The number of medical negligence or medical malpractice injuries is estimated to be roughly one million per year. At […]
  • Types and symptoms of nursing home abuse
    Nursing home abuse and elder neglect is a serious offense. Senior care facilities owe residents a reasonable standard of care. All residents of a nursing home facility deserve to not be neglected and abused. To ensure quality care, nursing homes and their staff should be capable, competent, caring and well trained. Not all homes, however, […]
  • What to do after a car crash
    An automobile accident can be traumatic. Car crashes are jarring and disorienting experiences, especially if you have been injured. However, there are things you should do, right after a car accident. Call 911. The most important thing to do is to call for help. Call 911 as quickly as possible. Even if you are not […]

See other news sources publishing this article. BETA | Tags: , , , , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required