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FL Malpractice Law Overturned

Florida Supreme Court
The Florida Channel
Leon County Judge John Cooper on June 30, 2022, in a screen grab from The Florida Channel.

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.