Florida’s Supreme Court recently issued a ruling overturning a state law imposing caps on the amount that medical malpractice victims’ families can recover for non-compensatory damages following the wrongful death of a loved one. While limited in nature, the ruling is part of a broader trend against caps for non-economic damages in medical malpractice cases across the country.
The Florida Supreme Court’s decision rests on a number of different issues that are shared in common by medical malpractice caps throughout the country. For one, the cap unfairly burdened families in which multiple individuals may have suffered losses because it effectively created a system in which a single plaintiff’s recovery for non-economic damages would necessarily be greater than situations in which multiple plaintiffs were involved.
Perhaps more importantly, however, the Court noted that in spite of promises to the contrary, the state’s cap on medical malpractice damages appeared to do little to check the increasing cost of medical malpractice premiums for doctors, with insurers instead largely pocketing the benefits for themselves. This finding is what has largely opened up a larger national debate on the validity and effectiveness of these measures.
At the Law Offices of Paul Levin, we understand how hard it can be to deal with the loss of a loved one as a result of medical malpractice or any other cause, and we are committed to helping families in this difficult situation. Contact us today at 860-322-5302 to learn more about what we can do to get you the help you need.