In the early 2000’s, Florida instituted damage caps for medical malpractice lawsuits in order to cure a “malpractice crisis.” Lawmakers believed that high damage collections were directly responsible for an upsurge in insurance premiums.
Earlier this year, however, Florida’s Supreme Court ruled 4-3 that such damage caps violated the state constitution’s Equal Protection Clause. The Court also stated that they could not be certain that such damage caps contributed to high insurance premiums in the first place.
Non-economic damages cover losses in a lawsuit that do not have an attached monetary value. For example, the amount of pain a victim experiences after an injury is compensated for through non-economic damages.
Read further to learn more about how this court ruling can affect your medical malpractice case.