Bush-Era Medical Malpractice Cap Ruled UnconstitutionalGregory Law Firm
The Florida State Supreme Court ruled in a 4-to-3 decision the Bush-era medical malpractice cap unconstitutional. This is a significant decision for personal injury patients because it no longer limits pain-and-suffering damages in medical malpractice claims, which allows for higher amounts for recovery. The Florida Supreme Court’s majority opinion stated that caps on non-economic damage awards, “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.” (North Broward Hospital District, Etc., Et Al. Vs Susan Kalitan, Et Al. SC15-1858. Supreme Court of Florida.)
Thus, the Florida Supreme Court found that the Bush-era cap violated Florida Constitution’s Equal Protection Clause. This ruling promotes a safer health care for patients in Florida, and will force providers to provide a higher quality of care. It will also allow for those who have been wronged by inadequate service to recover as much money as they deserve, rather than being capped. Overall, this change will induce providers to provide better car, and provide those wronged for the justice they are entitled to.