Florida Supreme Court

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Florida Supreme Court overturns cap on noneconomic damages in medical malpractice lawsuits

March 13, 2014

The Florida Supreme Court held that the cap on wrongful death noneconomic damages violates the Equal Protection Clause of the Florida Constitution.

U.S. Chamber files amicus brief

September 20, 2011

The U.S. Chamber asked the Florida Supreme Court to hold that a Florida law that caps noneconomic damages in medical malpractice suits does not violate the Florida constitution. In this case, a Florida appeals court upheld a district court’s decision to cap noneconomic damages awarded to the plaintiff in McCall v. United States. In its amicus brief, the Chamber explained that limits to noneconomic damages are an important element of a well-functioning state health care system. They control outlier awards, provide greater predictability in the medical liability system, lower insurance rates, reduce the cost of defensive medicine, and improve access to critical specialists for local residents. According to the Chamber, the Florida tort reform law, Statute § 766.118, was a measured and rational response to a widely recognized crisis in medical malpractice insurance, and serves the interests of both Floridians and Florida’s businesses.

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