Florida Medical Malpractice Caps Ruled Unconstitutional
How do you relate pain and suffering to someone? You can use hand motions like rubbing your forehead and say “Wow, I have a terrible headache!” But that only goes so far, the person you are communicating with has no idea how you feel. Maybe they have never even had a headache and haven’t a clue.
Now imagine having your esophagus perforated during a routine surgical procedure, then having everything you eat or drink leak through to your chest cavity. Then your condition worsens and you are in a coma for 6 weeks and in intensive care for an additional 3 months.
How do you relate that kind of pain and suffering to someone? It’s difficult.
Finally, imagine after all that suffering, you present your case in court. Then because of medical malpractice caps on damages you are denied the compensation you deserve. The judge or jury’s opinion on what you are entitled to becomes irrelevant. That is what happened to the victim who suffered those tragic events.
It’s just not right!
Thankfully after a long battle that took many years, a court in Florida has just ruled these caps to be unconstitutional. The Fourth District Court of Appeal ruled July 1st that state caps on non-economic damages in medical malpractice cases are unconstitutional, reversing a Broward Circuit Court decision.
The court based its ruling on a 2014 decision from the Florida Supreme Court striking down similar caps in wrongful death cases as a violation of the equal protection clause of the Florida Constitution.
The decision opens the door for people who have been catastrophically injured in malpractice cases.
With the assistance of a qualified attorney, victims are able to structure the best possible message to convey the facts, the effects, the pain and suffering, and the economic damages incurred. An impartial judge or jury can then determine the proper compensation. Without caps.
This is the way our justice system was designed to work. Justice for all.
Everyone should be concerned about this situation, as it could happen to anyone. You can make your feelings about medical malpractice caps known by contacting your representatives in Tallahassee and Washington, D.C.
The Law Firm of Lazarus and Lazarus has championed the rights of victims of all types of medical malpractice and negligence for over 20 years. Gary and Arleen Lazarus are eminently qualified to properly investigate incidents where victims are injured and they know the laws that protect your rights. Calling 954-356-0006 will put you in touch with attorneys who care and will meet with you to discuss the best course of action.