Thankfully the answer is NO. The Florida Supreme Court declared that non-economic damage caps(Pain and Suffering) in medical malpractice cases violate the equal protection clause of the Florida Constitution. Since 2003 pain and suffering damages in Medical Malpractice Wrongful Death cases had been capped at $1 Million.
Judge Lewis summed it up by writing the majority opinion and boldly stating: “The cap on non-economic damages serves no purpose other than to arbitrarily punish the most grievously injured or their surviving family members.”
The propaganda that was promulgated in 2003 surrounding the Medical Malpractice crisis was a farce. There was never a crisis caused by physician shortages or escalating insurance premiums. It was nothing more then a gift to the insurance industry that unfairly punished victims of medical malpractice, and rewarded insurance companies.
While the court declared the cap unconstitutional in a wrongful death case, a reading of the opinion would seem to indicate that the caps on all medical malpractice cases are unconstitutional. Lets hope the legislature leaves it that way!!!!!!
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.