TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, December 20, 2019

FL: Appellate Court Upholds Constitutionality of Med Mal Cap if Arbitration Offer Had Been Rejected by Plaintiff

On Wednesday, a south Florida appellate court upheld as constitutional a $350,000 cap on pain and suffering in med mal cases in which a healthcare provider's offer to arbitrate was rejected and the plaintiff filed suit.  The distinction is important because the Florida Supreme Court held in 2017 that caps on pain and suffering in med mal cases generally are unconstitutional.  WUSF has the story.

https://lawprofessors.typepad.com/tortsprof/2019/12/fl-appellate-court-upholds-constitutionality-of-med-mal-cap-if-arbitration-offer-had-been-rejected-b.html

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