Florida high court re­jects caps in mal­prac­tice cases

Modern Healthcare - - REGIONAL NEWS - —Har­ris Meyer

Florida’s Supreme Court last week struck down caps on pain-and-suf­fer- ing dam­ages in med­i­cal mal­prac­tice law­suits. In a 4-3 rul­ing, the Florida court found that lim­its passed in 2003 on non-eco­nomic dam­ages vi­o­lated equal pro­tec­tion rights un­der the state con­sti­tu­tion.

The law set dif­fer­ent lim­its on awards based on a va­ri­ety of fac­tors. The court ma­jor­ity said there is no ev­i­dence of a con­tin­u­ing li­a­bil­ity in­sur­ance cri­sis jus­ti­fy­ing ar­bi­trary dis­crim­i­na­tion be­tween mal­prac­tice vic­tims.

The court’s dis­senters wrote that the ma­jor­ity was ig­nor­ing the leg­is­la­ture’s fact-find­ing work and was over­reach­ing its author­ity.

Nearly 30 states have laws lim­it­ing non-eco­nomic dam­ages in mal­prac­tice cases, but courts in nearly a dozen states, in­clud­ing Illi­nois, Ge­or­gia, and Mis­souri, have over­turned them.

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.