Medical Malpractice Florida Supreme Court Decision

May 2nd, 2014 | by RON BELL

In the State of Florida legislators lost the battle regarding the falsely alleged “crisis” of medical malpractice claims.  They attempted to place a cap on the amount of compensation medical malpractice victims could sue for regarding non-economic damages.  Therefore, they sought out to limit the amount of damages a med malpractice victim or their family could claim for emotional distress, mental anguish, pain and suffering, loss of capacity for enjoyment of life, inconvenience and physical impairment.

The Florida Supreme Court rejected the argument this month that blamed excessive jury verdicts as the main cause for physicians leaving Florida, despite data that showed the number of Florida physicians were actually up at the time of the statement.  Florida prematurely initiated a cap on medical malpractice wrongful death damages in an attempt to respond to the false “medical malpractice crisis”.  Finally, the Florida Supreme Court has issued a ruling that there was never a “medical malpractice crisis”.  Evidence showed and the Court agreed that insurance premiums had been increased at that time, and their lack of investment income had caused their alleged “crisis” not the medical malpractice claims.

The Florida Supreme Court further ruled that the damages cap violates the rights of surviving family members to equal protection under the Florida constitution.  Furthermore, the damages cap has not been shown to have lowered medical malpractice rates.  Government statistics indicate that insurance companies used the cap on medical malpractice damages to increase their profits.  Between 2003 and 2010, four medical malpractice insurance companies cumulatively reported an increase in income of more than 4300 percent.

The Florida Supreme Court ruling exposed the insurance companies and reported their financial records as showing a 4,300 percent increase in income during an eight year period (2003-2010).  The alleged “medical malpractice crisis” was false and the court found no evidence to conclude it ever existed.  Therefore, victims of medical malpractice and their families can now seek out the proper compensation for non-economic damages they endured.  If you or a loved one has ever been injured by a doctor, nurse, or medical facility, contact a medical malpractice attorney immediately.  Do not hesitate to act, or question a medical professional’s negligence yourself.  Consult with an injury lawyer and allow them to determine whether your injury can be litigated in court.

Why Choose Ron Bell Injury Lawyers?

We Get Results!

  • This field is for validation purposes and should be left unchanged.

Share This Page

505-336-5005 505-437-4926 505-560-9221