Florida Supreme Court Declares Change In Medical Malpractice Caps
The Florida Supreme Court recently ruled against an appeal on medical malpractice caps, which have been set at $500,000 since 2003. In September 2003, former Governor Jeb Bush signed into law restrictions on awards from medical malpractice suits.
However, the case of a woman who suffered permanent damage to her leg during a surgery in early 2003 has changed everything. In 2006, a jury awarded the woman $1.5 million, but the doctor involved in the lawsuit appealed the decision, claiming that the $500,000 medical malpractice cap should be applied to the case. An appeals court sided with the doctor.
After recent deliberation, the Florida Supreme Court has ruled that medical malpractice caps are not retroactive, and that because the damage was done before the 2003 cap became law, the woman could keep her $1.5 million award.
How Do Medical Malpractice Caps Affect Lawsuits?
Florida is one of many states with medical malpractice caps. Some survivors of medical malpractice might require a lifetime of rehabilitation, which can incur tens of thousands of dollars in medical bills.
Although medical malpractice caps are in place for victims after September 15th, 2003, patients hurt before that date and surviving family members will be able to receive the maximum amount in damages to pay for wrongful deaths or healthcare costs.
Shapiro Law Group – Tampa Bay Medical Malpractice Attorneys