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Are Damage Caps on Medical Malpractice Cases Legal; Florida Supreme Court Will Decide

The Florida Supreme Court will soon decide whether the mandatory limitations on so- called non economic damages, otherwise known as pain and suffering, in medical malpractice cases is constiitutional.

The damage caps, which were passed into law by the Florida Legislature in 2003, essentially place a limit of one million dollars on the amount a victim of medical malpractice may seek for their pain and suffering, regardless of how many health care professionals cause their injuries.The law, known as Florida Statute section 766.118, also places a limit of $500,00.00 on damages a victim may recover for pain and suffering against any single doctor.

The United States District Court already ruled the limitations on personal injury damages for pain and suffering did not violate the United States Constittion. But, the District Court indicated that the Florida Supreme Court should address the issue with regards to the Florida Constitution.

As lawyers in Florida handling medical malpractice personal injury cases, on behalf of our clients who have suffered catastrophic injuries to to medical negligence, we certainly hope the Florida Supreme Court will decide that these arbitrary limits on damages are inadequate to address the devistation familes suffer due to serious medical negligence.

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