FL Supremes Weigh Constitutionality Of Medical Malpractice Damage Limits

22.05.12

[Tallahassee, FL] In a closely watched case that stems from the death of a Panhandle woman, Florida Supreme Court justices heard arguments late last week about the constitutionality of Medical malpractice damage limits that lawmakers passed back in 2003 after a long and contentious special session.

Justice Barbara Pariente, who repeatedly questioned attorneys, indicated a key issue is whether the caps on non-economic damages violate a right of access to the courts. Non-economic damages include compensation for suffering, pain and deprivation of the benefits of a family relationship.

Also, questions focused on whether Florida was in a medical malpractice insurance crisis in 2003 that justified restricting damages.

Robert Peck, an attorney for the estate of Michelle McCall, who died shortly after giving birth in 2006 in Fort Walton Beach , said the amount of non-economic damages in the case was reduced from $2 million to $1 million because of the limits.

Source: Sunshine Slate