Florida Supreme Court Over Turns Caps on Damages in Medical Malpractice Cases

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Associate Editor at the American Bar Association (ABA) for Litigation News, authored an article that was published on the ABA’s website on a recent tort reform decision. The Florida Supreme Court recently ruled that caps on non-economic damages in medical malpractice cases is unconstitutional, joining a number of states including Illinois that similarly ruled. Menaker explained how the 5-2 court held that the legislature’s statutory cap violates the state’s equal protection clause. The court even went further to discuss the unreliability of the so-called “insurance crisis,” and she spoke with various members of the bar about the issue including Clifford Law Offices’ partner Keith Hebeisen who has handled numerous med mal cases and serves as the Chair of the ABA Standing Committee on Medical Professional Liability. To read the entire decision, Click Here.