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Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, April 17, 2014

FL: Task Force That Recommended Med Mal Cap Endorses Constitutional Amendment

In 2002, then-Governor Jeb Bush appointed 5 members to a panel to advise about an alleged med mal crisis.  The panel recommended med mal caps on non-economic damages.  In 2003, the legislature passed a cap; the Florida Supreme Court invalidated that cap earlier this year.  In the wake of that decision, the 5 members of the panel are urging a constitutional amendment to put the cap on firm legal ground.  It is unlikely the legislature will take up such an amendment in this session.  The Miami Herald has details.


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I think the Florida Supreme Court provided some very detailed analysis as to the lack of any alleged "medical malpractice crisis" in the rationale for their decision. Varies studies were cited in the opinion which debunk the myth that capping damages in professional negligence claims would reduce the cost of health care or doctor's malpractice premiums. Perhaps the Florida Legislature should read the opinion and sources cited therein before deciding whether to table this legislation or attempt to "put the cap on firm legal ground", as you say.

Posted by: Steven M. Sweat | Apr 28, 2014 6:48:39 PM

Saying that an unlimited windfall to anyone who suffers from medical malpractice does not hurt others flies in the face of all reason. Everybody knows that when you open the floodgates to an endless supply of other people's money, the sound of the Gold Rush to gain such riches will be deafening.

Our judges care nothing about who gets hurt by their permission to steal, and will never accept any evidence that this legalized theft hurts the huge number of losers who are the other people supplying this endless flood of ill-gotten cash.

Posted by: sunforester | Jun 11, 2014 9:20:08 AM

All I know is how med mal laws made those cases so hard, it is difficult to find a lawyer to take the case in California.

Posted by: Michael Ehline | Feb 11, 2017 9:44:59 PM

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