In another blow to the controversial 2003 Florida law that limited non-economic damages in med mal cases, the Florida 4th District Court of Appeals ruled that these “caps are unconstitutional not only in wrongful death actions, but also in personal injury suits as they violate equal protection…Whereas the caps on non-economic damages in (the section of state law) fully compensate those individuals with non-economic damages in an amount that falls below the caps, injured parties with non-economic damages in excess of the caps are not fully compensated.”
The ruling draws on a Florida Supreme Court decision last year that also rejected non-economic caps for wrongful-death cases. The 4th District Court of Appeals cited the Supreme Court’s decision.
The decision can still be appealed to the U.S. Supreme Court.
The full decision can be read here.
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