In March, the Florida Supreme Court struck down a major component of the state’s 2003 medical malpractice law. The 2003 law’s cap on wrongful death damages was found to be in violation of the Florida constitution’s equal protection clause in a 5-2 decision, according to the Miami Herald. The law had set a maximum of $500,000 or $1 million, depending on the circumstances, for payments to account for pain and suffering.
Florida’s 2003 medical malpractice law was always controversial. Proponents claimed that the state had a malpractice crisis, while critics argued that the law placed restrictions on damages for medical malpractice victims which did not apply to victims in other personal injury cases—a form of discrimination.
The Florida Supreme Court has some pointed words for the legislators who passed the law. Justice R. Fred Lewis opined in the ruling that the alleged medical malpractice crisis which led to the law’s creation was an exaggeration, and that the law “has the effect of saving a modest amount for many by imposing devastating costs on a few.” Lewis also asserted that, as the law’s cap harshly impacted those who would have sought large amounts in damages, the law discriminated against “those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.”
Where does the Florida Supreme Court’s decision leave the state? The caps on wrongful death suits are now abolished, so damages can be set higher than $1 million effective immediately. This will have a great impact on the state’s current legal landscape—according to the Florida Justice Association’s estimates, the state has over seven hundred pending malpractice cases at the moment. Unfortunately, the Court’s decision is not retroactive, so there is no recourse for victims whose cases were resolved while the 2003 law’s caps were in effect. But going forward, this law will ensure that victims of malpractice in Florida are eligible for the compensation they deserve. And if you are ready to take action, a skilled medical malpractice injury attorney at Gilbert and Smallman is ready to serve your legal needs.
The Florida Supreme Court’s decision is a victory for fairness in legal practice; for anyone who seeks compensation for suffering caused by a medical error in the future, there is hope for justice. If you believe that you or someone you love may have been a victim of medical malpractice, call the law offices of Gilbert and Smallman today.
