What 4th DCA Ruling on State Medmal Caps for Noneconomic Damages in MedMal Cases Means
The Fourth District Court of Appeal strikes down state caps on noneconomic damages in medical malpractice cases in the case of a woman's botched carpal tunnel surgery.
June 30, 2015 at 08:34 PM
4 minute read
The Fourth District Court of Appeal ruled Wednesday that state caps on noneconomic damages in medical malpractice cases are unconstitutional, reversing a Broward Circuit Court decision.
The court based its ruling on a 2014 decision from the Florida Supreme Court striking down similar caps in wrongful death cases as a violation of the equal protection clause of the Florida Constitution.
“It balances the playing field now for people who have serious injuries,” said Ervin Gonzalez, a personal injury attorney with Colson Hicks Eidson in Coral Gables who was not involved in the case. “Before, it would be difficult to find a lawyer. These cases are very expensive to bring cost-wise. [Lawyers would say,] 'Sorry you have this injury, but there's nothing we can we do.' ”
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