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Florida Supreme Court Strikes Medical Malpractice Damages Caps for Pain and Suffering

The Florida Supreme Court ruled on Thursday that the cap on noneconomic damages in medical malpractice injury cases are unconstitutional.

In a tough 4-3 decision justices said caps negatively affect those seriously injured due to medical negligence.

As there is no evidence of a current medical malpractice insurance crisis, these caps no longer serve any purpose. This historic Supreme Court ruling is not only a victory for patients in the state of Florida, it is a victory for the field of law and personal injury as well.

This law, decided upon by the majority, was a cap designated to limit the financial compensation received by victims of medical malpractice, due to what lawmakers called a medical malpractice insurance crisis. This deeply unfair law was a step back in the safety and health care of all Floridians, as it instead resulted in a discrimination of medical malpractice victims.

Justices Ricky Polston, Charles Canady and C. Alan Lawson dissented in the decision erasing caps on damages for pain and suffering.

The ruling originated from a Broward County case brought in 2008 by Susan Kalitan, following surgery for carpal-tunnel syndrome. She emerged from surgery with a perforated esophagus caused by tubes inserted during the anesthesia process. At the conclusion of her successful case, she could not collect nearly $2 million due to the Florida law, which claimed to protect physicians and doctors for fear of running them out of Florida.

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Medical malpractice injuries can happen anywhere, anytime. However, with the support and representation of a strong-minded and reliable personal injury lawyer such as ours at Freidin Brown, P.A., you can rest assured you will have the advocate you’ve been dreaming of. Our experience, hard work, and determination are all key factors which will lead us as we fight for the justice you deserve. We are a team of professionals who are passionate about personal injury, and we will work tirelessly to defend you, no matter the complexity of your case. We won’t back down from a challenge.

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