These caps were always bullshit and don’t even keep malpractice premiums down!
TALLAHASSEE — The Florida Supreme Court on Thursday rejected the centerpiece of the 2003 medical malpractice overhaul, blasting the Legislature for creating an “alleged medical malpractice crisis” and concluding, in a 5-2 ruling, that a cap on wrongful death noneconomic damages violates the U.S. and Florida constitutions.
The opinion, written by Justice R. Fred Lewis, concluded that legislators created a crisis to push through the caps on economic damages in medical liability lawsuits and said the cap “has the effect of saving a modest amount for many by imposing devastating costs on a few.”
The resulting policy, Lewis wrote, is that the policy unconstitutionally discriminates against “those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.”
H/t Attorney Kush Arora.
