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Court Decision Strikes Down Medical Malpractice Caps on Noneconomic Damages


For years, Florida medical malpractice victims and their families were forced to bend the knee to the court in regards to noneconomic damages. The state placed limits on the amount of compensation that could be obtained for noneconomic damages after medical malpractice occurred. Many saw this as unconstitutional and rightfully so. Fortunately, this has all changed based on a decision made by the Florida 4th District Court of Appeals.

The court followed a recent Florida Supreme Court decision, McCall v. United States, in which caps on noneconomic damages were ruled unconstitutional in wrongful death cases. In their most recent decision, the 4th District Court took it a step further by saying that medical malpractice caps on noneconomic damages are unconstitutional, period.

Victims Win Big in Florida

This decision has been a long time coming for victims and their families throughout Florida. After all, it is difficult enough to put a number on pain and suffering without being forced to limit that number according to state legislature.

As a Florida medical malpractice attorney, David Rash is especially happy with this decision. "The 4th District's decision is tremendous win for patient safety and our communities here in Florida. Healthcare providers that violate patient safety rules, or in other words, the standards of care, will no longer be able to take advantage of the unfair and irrational limits placed on the amount a jury can assess for a victim's human damages," he says. "Now, in light of the recent Florida Supreme Court's decision and the 4th District's decision, our Florida juries will have the power to dispense justice in their communities and determine the full amount of damages for all injuries and deaths caused by medical malpractice."

The 4th District includes Broward, Palm Beach, St. Lucie, Martin, Indian River, and Okeechobee Counties. If you reside in one of these counties and are suffering from the consequences of medical malpractice, whether a delayed diagnosis, birth injury, or brain injury, turn to Attorney David C. Rash for the determination and experience you need in your legal advocate.

Contact our firm today to schedule your complimentary consultation!

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