Tampa, FL (Law Firm Newswire) June 03, 2019 – The Florida Supreme Court declared that a law capping damages in medical malpractice lawsuits to be unconstitutional. The Court issued its decision on the 2003 law in June of 2017 in the case Kalitan v. North Broward Hospital District. The law was signed by then Governor Bush in 2003 purportedly to help lower doctors’ high malpractice insurance premiums.
The law only affected non-economic damages in medical malpractice lawsuits. Non-economic damages are those damages awarded for pain and suffering. This is distinguished against economic damages such as lost wages or medical bills that were caused by the malpractice.
The case decided by the Florida Supreme Court came out of Broward County and involved a patient who, in 2007, was having carpal-tunnel surgery but had their esophagus accidentally perforated. After a lawsuit was filed and a trial, a jury awarded the plaintiff $4 million dollars. However, the medical malpractice cap law reduced that award by over $2 million dollars. At this point the plaintiff appealed the award reduction.
The Florida Supreme Court declared the law unconstitutional based upon the argument that it violates the equal-protection rights in Florida’s state constitution. Specifically, the Court stated that, “because the arbitrary reduction of compensation without regard to the severity of the injury does not bear a rational relationship to the Legislature’s stated interest in addressing the medical malpractice crisis.”
Tampa attorney Lillian Reyes-Joyce, Esquire commented, “This ruling will help the thousands of individuals who are harmed by medical malpractice every year. It will also help cut down the number of medical errors and make seeking treatment safer.”
For those who have been injured due to a medical error, do not hesitate to contact the lawyers at Joyce & Reyes at (813) 251-2007. The initial consultation is free.
Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave
Tampa, FL 33606
Call: 813.251.2007
- What to Do After a Car Accident
Car accidents are potentially life-changing events that can do far more the physically cripple victims. Under many circumstances, car accidents also can bankrupt victims when the medical costs greatly exceed any insurance coverage amounts. The following tips should help to ensure maximum payouts when involved in a car accident. Almost everyone has a cellphone that […] - Uber, Lyft are driving accident fatalities
In large cities, ride-hailing services provide an affordable alternative to taxi cabs, without the hassle of mass public transportation systems. Uber is the king of ride-hailing services, with Lyft a slightly distant second across the nation. Since their sudden rise starting in 2011, a new study suggests they have increased traffic fatalities in large cities […] - Common signs of nursing home abuse
Placing a loved one in a nursing home is often a very difficult decision that a family has to make. Usually, a family makes this decision because ultimately they believe their loved one will have a better life and be well taken care of. However, in some Florida nursing facilities, families learn that not only […] - Accident involving pedestrian ends in fatality
On September 14, 2018, a fatal accident involving a Gibsonton woman occurred on U.S. 301 in Hillsborough County, Florida. The pedestrian accident occurred near Sabal Industrial Boulevard. The Florida Highway Patrol reported that the woman was walking southbound on the side of U.S. 301 when she was struck in the head by the side mirror […] - Serious injuries caused by dump truck accident in Hillsborough County, Florida
On August 22, 2018, three children and one adult were seriously injured when a dump truck hit their vehicle head-on. The crash occurred on US 309 in Hillsborough County, Florida. The Florida Highway Patrol reported that the dump truck driver failed to see stopped traffic in front of him and swerved into the opposite lane […]
