Florida Supreme Court Rules Malpractice Damage Cap Unconstitutional

The Florida Supreme Court has concluded the cap on wrongful death noneconomic damages violates the state Constitution's equal protection clause.

The Florida caps limited payments for pain and suffering damages to $500,000 or $1 million, depending on the circumstances and the number of people involved, according to a Tampa Bay Times report.

The case the Florida Supreme Court ruled on concerning the damage caps was brought by the family of a 20 year old who died after she bled to death following a caesarean section for the birth of her son in Feb. 2006, at a Fort Walton Beach hospital. The woman's estate sued the federal government because she was part of a military family and was treated by U.S. Air Force medical staff. A federal judge agreed that the woman had not received proper care and found that her parents and son should receive $2 million in noneconomic damages, but the award was reduced to $1 million due to the state's cap. 

Florida Supreme Court Justice R. Fred Lewis authored the opinion and ultimately concluded the caps unconstitutionally discriminate against "those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants." 

The state's damage caps were initially pushed by former Gov. Jeb Bush, with the support of physicians, hospitals and insurance companies. They argued the reforms were needed to curb the explosion of medical malpractice costs.

The Florida Medical Association said the damage caps have helped reduce medical malpractice premiums and that the ruling would hurt the state's ability to attract physicians. "This is another example of the Supreme Court legislating from the bench and it is offensive that activist judges have taken the place of elected officials," Said Jeff Scott, FMA general counsel.

More Articles on Medical Malpractice Caps:

Missouri Passes $350k Cap on Malpractice Awards 
Ohio Supreme Court Upholds 4-Year Cap for Malpractice Claims 
Missouri Supreme Court Strikes Down Caps on Malpractice Awards