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Damage Caps on Medical Malpractice Cases Ruled Unconstitutional

June 2, 2016

In July, 2015 the Fourth District Court of Appeal ruled damage caps on medical malpractice cases in Florida are unconstitutional. This is very good news for victims of medical malpractice who are facing a lifetime of medical problems as a result of a medical care provider’s mistakes. The court followed the Florida Supreme Court’s earlier decision stating that the damage cap took away the rights of Florida citizens by limiting their recovery on catastrophic cases caused by malpractice.

The court found no legitimate purpose to limit people’s recoveries to a fraction of the future costs that would be associated with medical bills, lost wages and pain and suffering damages. Now, people who sustain paralysis, brain damage, loss of a limb, loss of eyesight and the death of a loved one from the negligent care of a nurse, doctor or hospital can recover their full damages and hold the doctor responsible for their damages.

For more information, call GloriaLaw at 772-287-1220.