Under Florida Law, patients who have received medically negligent care are eligible to receive unlimited economic damages for lost wages, medical expenses and reduced earning potential. However, non-economic damages for emotional issues such as pain and suffering are currently capped at $1 million.
The Supreme Court has agreed to hear an appeal in a malpractice case by the family of a 20-year old woman who died after childbirth. The family was originally awarded $2 million for pain and suffering, which was reduced under the state’s caps. The family’s attorney will argue they caps are unconstitutional, while the state will argue to uphold them, according to a report by The Clinical Advisor.
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