Pam Menaker Pens Article on Unconstitutional Caps in Med Mal Cases in Florida

Pamela Sakowicz Menaker, Communications Partner at Clifford Law Offices and Associate Editor of the American Bar Association Litigation News, authored an article on a recent decision of the Florida Supreme Court that held caps on non-economic damages in medical malpractice cases are unconstitutional. In Estate of Michelle Evette McCall v. United States, the decision by the highest court in Florida makes it the eighth state in the country to strike down statutorily enacted medical malpractice damage caps involving wrongful death cases. Illinois is also among those states, according to the American Association of Justice (AAJ). Attorneys are at odds if the McCall decision will apply to med mal cases involving personal injury. In the article that appeared in the fall 2014 issue of Litigation News, Clifford Law Offices’ lead medical malpractice partner and Chair of the ABA Standing Committee on Medical Professional Liability, Keith A. Hebeisen, was quoted as saying, “‘Victims of medical malpractice have a right to have liability and damages determined by a jury of their peers – not by an arbitrary cap determined by a politicized legislature.” To view the entire article, click here.