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Tampa Personal Injury Blogs from March, 2014

Tampa Medical Malpractice Lawyer - Limitations on Non-Economic Damages Ruled Unconstitutional


Earlier this week, the Florida Supreme Court ruled that the statutory caps on non-economic damages in medical negligence cases were unconstitutional as they violated the Equal Protection Clause of the Florida Constitution. "Noneconomic damages" means non-financial losses that would not have occurred but for the injury giving rise to the cause of action, including pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life, and other non-financial losses to the extent the claimant is entitled to recover such damages under general law, including the Wrongful Death Act. See Section 766.202(8), Florida Statutes. Our Tampa Medical Malpractice Lawyers frequently litigate a variety of medical malpractice cases throughout Florida.

Section 766.118, Florida Statutes, had previously placed limits on a claimant's ability to fully recover non-economic damages sustained as a result of medical negligence. The limits that were in place often caused significant hardship and truly unfair results for individuals and loved ones of individuals who had been severely injured and/or unnecessarily killed as a direct result of medical negligence. The non-economic limits unfairly restricted a claimant's ability to be fully compensated as a result of a provider's negligence. Because the limitations violated the right to equal protection under Article I, Section 2 of the Florida Constitution, the Florida Supreme Court ruled Section 766.188, Florida Statutes, was unconstitutional.

Our medical malpractice attorneys handle all aspects of medical negligence and wrongful death cases throughout Florida, including Hernando County, Hillsborough County, Pasco County, Pinellas County, Manatee County, Polk County, Orange County and Sarasota County. Should you have any questions regarding a potential medical malpractice claim, please contact us, your Tampa Personal Injury Lawyers.

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