Florida Supreme Court Overturns Limitations On Damages

posted: 04/03/2014

On March 13, 2014, the Florida Supreme Court ruled that Florida's limitation, commonly referred to as a "cap," on certain damages in medical malpractice cases, is unconstitutional. Accordingly, the Florida Supreme Court struck down the limitation on damages. Since 2003, Florida has been plagued by a law that capped and limited the victims of medical malpractice's ability to seek a full recovery for their non-economic damages. Non-economic damages would include things such as pain and suffering, loss of the use of a person's body or a part of his or her body, or a family's emotional suffering from the death of a loved one. Prior to the Florida Supreme Court's ruling on March 13, 2014, Florida victims were only able to recover minimal amounts for such damages, despite the fact that medical malpractice claims commonly involve some of the most extreme and severely tragic injuries. Now that the law has been struck down, there is hope that the victims of medical malpractice in Florida will once again be able to seek a recovery for the full amount of their damages.

TOPICS: Medical Malpractice, Florida Medical Malpractice Caps, Florida Limitations on Damages, Florida pain and suffering, Florida wrongful death