Florida Supreme Court to Determine if Medical Malpractice Caps Constitutional
In 2003, the Florida legislators and Governor Bush passed a law capping, or limiting, medical malpractice damages to $500,000 – $1,500,000, depending on the case. These caps are found in Title XLV Torts Section 766.101 and limit the recovery for non-economic damages to $500,000 from providers and $750,000 from non-providers — except in cases of wrongful death or catastrophic injury, when the limits rise to $1 million and $1.5 million, respectively. The effect of this limitation on damages is that only people who suffer minor or less traumatic and devastating injuries will received full compensation . As a Miami Medical Malpractice attorney , I believe that those who are in most in need of full compensation are treated unfairly and this is a violation of the Equal Protection Clause.
Governor Jeb Bush pushed hard for the cap on Medical Malpractice damages. He argued that it would end frivolous lawsuits. While it was a great marketing ploy, the facts tell a different story. Frivolous cases, by their very definition, bear nor merit and pose no threat to the insurance giants whatsoever. These cases, if filed at all, are most often dismissed and have only a small, limited value. However, when people suffer truly catastrophic injuries, severe brain damage, total paralysis and wrongful death, due to the negligence or recklessness of a hospital or doctor, full compensation should not be reduced to a small percentage just to benefit enormous insurance companies and multinational corporations.
On February 9, 2012, the Florida Supreme Court will hopefully make a finding that the cap on damages violates the Equal Protection Clause and they give the rights back to the people who have suffered grave injuries and injustices. You should never face financial loss because of the carelessness of someone you trusted to help you.
If you are the victim of Fort Lauderdale-area medical malpractice, the lawyers at Wolf & Pravato can help you to fight for the justice that the law affords you. To learn more about how to make a successful Fort Lauderdale malpractice claim, schedule a consultation with a Fort Lauderdale malpractice attorney at Wolf & Pravato, serving Fort Lauderdale, Fort Myers and beyond. Call us today at 1-954-633-8270 .