Blog: Florida’s medical malpractice cap survives federal challenge

The following article was published in the St. Petersburg Times on May 31, 2011:

Florida’s Medical Malpractice Cap Survives Federal Challenge

A federal appeals court has ruled that Florida’s cap on pain-and-suffering damages in medical malpractice cases does not violate the U.S. Constitution — but wants the Florida Supreme Court to look at other “unsettled” legal questions, reports the News Service of Florida.

The 11th U.S. Circuit Court of Appeals issued the ruling Friday in a case that stemmed from the 2006 death of a woman after she gave birth in Fort Walton Beach. A lower court found that the woman’s family should receive $2 million in so-called “noneconomic” damages, but the amount was reduced to $1 million because of a 2003 medical-malpractice law.

A three-judge panel rejected arguments that the cap violated the U.S. Constitution’s Equal Protection Clause and the Takings clauses of the U.S. and Florida constitutions. In part, it said state lawmakers created the cap to help make malpractice-insurance more affordable for doctors.

“The Legislature identified a legitimate governmental purpose in passing the statutory cap, namely to reduce the cost of medical malpractice premiums and health care,’’the ruling said.

But the judges also said the state Supreme Court should address other questions about whether the cap violates the Florida constitution. It listed four issues, including whether the cap violates parts of the constitution dealing with equal protection and access to courts.

Find this article here:  http://saintpetersblog.com/2011/05/floridas-medical-malpractice-cap-survives-federal-challenge/