On Thursday, March 13, 2014, the Florida Supreme Court ruled that a 2003 law limiting damages in medical-malpractice cases is unconstitutional. The long-awaited ruling came in the case of a Panhandle woman who died of complications after giving birth in 2006. The court ruled 5-2 that a cap on “non-economic” damages violates the Equal Protection Clause of the Florida Constitution.
The Supreme Court opinion can be found here for your convenience.
As a result of this ruling, higher limits will now become even more important as we expect a dramatic upturn in the frequency of cases filed against Florida doctors and higher jury awards and settlements.
For more information or if you have any questions on the impact of this landmark decision, please feel free to contact us at anytime.