Are Florida Medical Malpractice Damage Caps Unconstitutional?

Posted on September 15, 2014 by Shapiro Law Group

From 1996 to 1999, Florida hospitals revealed that only one out of every six medical errors resulted in a malpractice claim, according to

Unfortunately, as the statistic above highlights, medical malpractice claims have a history of rarely being pursued by victims. In addition, for those who do pursue such claims, at least in some states, the noneconomic (this includes compensation for things like pain and suffering as opposed to economic damages, which includes things like lost income, medical expenses and funeral costs) damages they can be awarded is limited to certain amount.

According to the American Association of Retired Persons (AARP) website, earlier this year, the Florida Supreme Court ruled that a malpractice damages cap law is a violation of the state’s constitution.

The subject reached Florida’s highest court after the estate of a medical malpractice victim received a favorable verdict, including $2 million in economic and noneconomic damages, only to have an appeals court drop that amount to $1 million due to the state’s noneconomic damage cap. Following the appeals court’s decision, the case went before the Supreme Court, which struck down the law.

Who Can I Call If I Was the Victim of Medical Malpractice in Florida? 

Shapiro Law Group only represents a select number of clients whose cases they strongly believe in. By doing this, the firm can devote its complete attention and effort towards upholding and providing for the rights of medical malpractice victims and their loved ones.

For more information about our practice or to discuss your case with us, call us, visit us on Facebook or fill out our online contact form to schedule a free consultation today.

Did You Know: On average, medical errors in hospitals cost Americans $17 billion to $29 billion each year, according to the Institute of Medicine.

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