The Florida Supreme Court on Thursday rejected the centerpiece of the 2003 medical malpractice overhaul law, blasting the Legislature for creating an “alleged medical malpractice crisis” and concluding that the cap on wrongful death non-economic damages violates the state constitution’s equal protection clause.
The 5-2 ruling, written by Justice R. Fred Lewis, suggested that legislators created a crisis to push through the caps on damages in medical liability lawsuits which “has the effect of saving a modest amount for many by imposing devastating costs on a few.”
The caps limited payments for pain and suffering to $500,000 or $1 million, depending on the circumstances and the number of people involved. Lewis concluded the law unconstitutionally discriminates against “those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.’’
The decision will effectively remove the cap on so-called “non-economic” damages when someone dies because of medical malpractice. Victims whose cases were resolved between the time the law took effect in late 2003 and today, however, will have no recourse. The Florida Justice Association estimates there are more than 700 medical malpractice cases pending statewide.
“This is a monumental decision,’’ said Ken Sobel, a Fort Lauderdale trial attorney and past chairman of the FJA’s Medical Malpractice Bar. “It is being resoundingly applauded by our side of the bar, and quietly applauded by the defense bar.” Story here.