Saturday, October 1, 2011

Florida Supreme Court to Evaluate Constitutionality of Damage Cap in Medical Negligence Cases; Louisiana case is on its way.

The Florida Supreme Court has agreed to determine whether a limit on noneconomic damages in medical malpractice cases violates the state's constitution. Go here for more details.

Meanwhile a lower court in Louisiana has declared Louisiana’s $500,000 cap on all damages in medical malpractice cases unconstitutional as a violation of the state constitution’s equal protection and adequate remedy guarantees.  The court also found that there was no correlation between medical malpractice lawsuits and any crisis in insurance for doctors or the availability and affordability of health care.  The case now moves directly to the Louisiana Supreme Court.  For more information go here.  To read the court's order go here.

Thanks to Day on Torts for the information.

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