Fla. Justices Strike Med Mal Cap In Personal Injury Suits – Law360

By Carolina Bolado

Law360, Miami (June 8, 2017, 5:26 PM EDT) — The Florida Supreme Court on Thursday struck down a state law capping noneconomic damages in medical malpractice personal injury suits at $1 million, finding that it violates the equal protection clause of the Florida Constitution.
In a 4-3 decision, the state’s highest court affirmed the Fourth District Court of Appeal’s 2015 decision finding the cap, established by Section 766.118 of the Florida Statutes, does not pass the rational basis test because the law arbitrarily reduces medical malpractice claimants’ rights to full compensation when there are multiple claimants…

Real Time Web Analytics