Florida Supreme Court Hears Arguments on Constitutionality of Malpractice Damages Caps | Law Firm Newswire

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

  • What to Do After a Car Accident
    Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […]
  • Uber, Lyft are driving accident fatalities
    In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […]
  • Common signs of nursing home abuse
    Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […]
  • 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 […]

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



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

* indicates required