Early last month the, the Florida Supreme Court criticized the arguments used by medical malpractice insurance lobbyists and organized medicine to push for caps and other “tort reforms.”
The court struck down the state’s cap on non-economic damages in wrongful death cases, and, in the process, basically informed all physicians that they have been lied to.
The medical malpractice insurance industry pushes for laws that limit compensation to sick and injured patients in every state—including Colorado. They also lobby for such laws at the federal level.
In the brutally honest Florida Supreme Court decision, members of the court stated that:
“The statuary cap on wrongful death economic damages does not bear a rational relationship to the stated purpose of the cap it is purported to address, the alleged medical malpractice insurance crisis in Florida.”
The court also insisted that the state legislature’s determination to increase medical malpractice liability insurance rates is forcing physicians to either practice medicine without such coverage, leave the state altogether, not perform high risk procedures, or to retire early from the field of medicine altogether.
It’s no secret that savings from caps have led to huge insurance industry profits—which the industry should pass onto physicians in the form of reduced malpractice insurance premiums. Unfortunately, they don’t, but instead continue to punish those most seriously injured by medical negligence by limiting their noneconomic recovery to a fixed, arbitrary amount.
The Florida Supreme Court believes that the cap on noneconomic damages serves no purpose other than to arbitrarily punish seriously injured persons or the family members surviving them.
If you have questions about this ruling, or the position of the Florida Supreme Court, contact an experienced medical malpractice or personal injury attorney today. Also, to learn the truth about insurance companies, be sure to check out our video featuring Colorado Springs personal injury attorney Lance Sears.
