Today the Supreme Court of Florida finally confirmed the Fourth District Court of Appeals opinion that artificial caps on medical malpractice cases non-economic damages are UNCONSTITUTIONAL!!!
The specific language of the court used was that, “…caps on noneconomic damages in Sections 766.118(2) and (3) arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries. We further conclude that because there is no evidence of a continuing medical malpractice insurance crisis justifying the arbitrary and invidious discrimination between medical malpractice victims, there is no rational relationship between the personal injury noneconomic damage caps in section 766.118 and alleviating this purported crisis. Therefore, we hold that the caps on personal injury noneconomic damages provided in section 766.118 violate the Equal Protection Clause of the Florida Constitution.”
This is great news for every victim of medical malpractice in Florida. It is also great news for anyone who will need medical services in the state because now doctors and hospital administrators will promote safer responsible medicine.
