WHAT DOES THIS NEW SUPREME COURT RULING MEAN FOR YOU?

WHAT DOES THIS NEW SUPREME COURT RULING MEAN FOR YOU?

Published On April 20, 2015

The Florida Supreme Court recently issued a very favorable ruling in medical malpractice cases.

Florida Supreme Court Removes Some Caps in Medical Malpractice Cases

Many of you may remember the “Medical Malpractice Crisis” that dominated the news and political landscape a decade ago. If you believed all the hype, you were one of the many who actually thought that all of the good doctors were fleeing the State. In response to this “crisis”, Florida lawmakers passed Florida Statute § 766.118, which essentially limited the amount of money damages that one could collect for the negligence of a medical doctor or practitioner.

More specifically, the law limited non-economic damages to $500,000 per claimant. Non-economic damages differ from economic damages in that unlike economic damages which include medical bills, lost wages etc., non-economic damages refer to pain and suffering, physical impairment, mental anguish, loss of the capacity for the enjoyment of life, and similar losses.

On March 13, 2014 however, in the case of McCall v. United States, the Florida Supreme Court ruled in a 5-2 decision that the cap on noneconomic damages in medical malpractice lawsuits involving wrongful death, violated the right to equal protection guaranteed by the Florida Constitution, which ensures that everyone is entitled to stand before the law on equal terms and enjoys the same rights and bears the same burden as others in a like situation.

Justice Fred R. Lewis, writing the opinion for the Court, stated that the damages cap provision of the statute violated the equal protection clause of the Florida Constitution by discriminating against “those who are most grievously injured, those who sustained the greatest damage and loss, and multiple claimants”, and pointed out that the argument that the 2003 legislation would curb the “medical malpractice crisis” in Florida, and drive down malpractice insurance rates, was not supported by appropriate statistics.

Categories


Author

Todd Miner

Todd Miner is the Senior Trial Attorney & Managing Attorney at Todd Miner Law®️. A Florida native, Todd's journey in law began at the University of Central Florida, where he earned a Bachelor of Arts degree in political science. He then obtained his Juris Doctor degree from Nova Southeastern University, Shepard Broad College of Law. With a background as an Assistant State Attorney and experience in insurance defense, Todd brings over three decades of legal expertise to his practice, focusing on complex personal injury cases. He is dedicated to advocating for his clients and ensuring they receive the compensation they deserve.

Related Posts

CAN YOU GET AN INFECTION 2 MONTHS AFTER SURGERY?

Any surgical procedure carries the risk of causing the patient to suffer an infection at and around the surgery site. It is important for the doctor

View Article

FLORIDA SUPREME COURT TO HEAR HOSPITAL ER LIABILITY CASE

With the potential for large payouts, medical malpractice claims put a lot on the line – both for patients and families in need of compensation, an

View Article

CANCER & DELAYED DIAGNOSIS: MEDICAL MALPRACTICE LAWSUITS

A cancer diagnosis is never welcomed news, but diagnoses that arrive too late, or after misdiagnoses have already comprised available options or a pa

View Article