TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, June 9, 2017

FL: Supreme Court Strikes Down Med Mal Cap

Yesterday, on equal protection grounds, a sharply divided Florida Supreme Court struck down a 2003 cap on non-economic damages in medical malpractice cases:

“We conclude that the caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” said the majority opinion shared by Chief Justice Jorge Labarga and justices Barbara Pariente, R. Fred Lewis and Peggy Quince. “We further conclude that because there is no evidence of a continuing medical malpractice insurance crisis justifying the arbitrary and invidious discrimination between medical malpractice victims, there is no rational relationship between the personal injury noneconomic damage caps … and alleviating this purported crisis. Therefore, we hold that the caps on personal injury noneconomic damages … violate the Equal Protection Clause of the Florida Constitution.”

 News 4 Jax has the story.

http://lawprofessors.typepad.com/tortsprof/2017/06/fl-supreme-court-strikes-down-med-mal-cap.html

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