Medical Malpractice Caps Unconstitutional, Fla. Supreme Court Declares

On Thursday, March 13, the Florida Supreme Court made the decision that the limits placed on medical malpractice awards violate the right to equal protection guaranteed by state law.

The decision came in light of a claim filed against the federal government involving a woman who died at the Fort Walton Beach Medical Center after giving birth. Her parents and son were supposed to receive an award of $2 million following a jury’s decision, but a Florida court reduced it to half in accordance with the state law.

In 2003, former Governor Jeb Bush placed caps on medical malpractice awards to address the rising medical malpractice insurance rates and to prevent practitioners from leaving the state. In a statement, however, Supreme Court decided that the medical malpractice crisis that resulted in those caps does not exist anymore.

For Florida parents with kids suffering from cerebral palsy caused by a medical malpractice, this decision could have a major impact. If you are dealing with the consequences of a birth defect caused by medical malpractice, consult with a lawyer at The Driscoll Firm by calling (800) 305-9800.


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