FL Malpractice Law Overturned

Mar 13, 2014

Florida's Supreme Court
Credit JMV0586 / FLICKR

The Florida Supreme Court says limits on non-economic awards in medical malpractice wrongful death cases are unconstitutional.

The court issued its ruling Thursday in a 5-2 decision.

 The law capped an individual doctor's liability for noneconomic damages in such cases to $500,000.

The 2003 law was passed during a special session called by then Republican Gov. Jeb Bush, who pushed for malpractice lawsuit changes in an attempt to lower malpractice insurance rates and keep doctors from limiting their practices or moving out of state.

The ruling doesn't address caps in place in malpractice cases where the victim doesn't die.