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June 09, 2017 01:00 AM

Fla. high court strikes down medical malpractice damages cap

Harris Meyer
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    The Florida Supreme Court on Thursday struck down the state's cap on pain-and suffering damages in medical malpractice cases, ruling that the limits are unconstitutional.

    In a 4-3 ruling, the Florida high court found that limits passed in 2003 on non-economic damages violated equal protection rights under the state constitution.

    The state Legislature originally passed the law to address a "medical malpractice insurance crisis," alleging rising malpractice insurance premiums had forced doctors to leave the state or retire early. The law set different limits on awards based on a variety of factors.

    But the court majority said there is no evidence that there is a "crisis" that supports the discriminatory award caps.

    The court's dissenters said their colleagues ignored the Legislature's fact-finding work and overreached their authority.

    Nearly 30 states have laws limiting non-economic damages in malpractice cases, but courts in nearly a dozen states, including Illinois, Georgia and Missouri, have overturned them.

    Malpractice premiums have been stable or have declined for a number of years after rising significantly in the early 2000s. But physician and hospital groups continue to press for damage caps, arguing they hold down healthcare costs.

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