Florida Appeals Court Rules Limits on Medical Malpractice Damages Unconstitutional | Law Firm Newswire

Florida Appeals Court Rules Limits on Medical Malpractice Damages Unconstitutional

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.

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 […]

Tags: , , , , ,

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

* indicates required