Federal Appeals Court Upholds Florida Cap on Medical Malpractice Damages

By Orlando Personal Injury Attorney on June 8, 2011

In a move that disappointed many Orlando personal injury lawyers, a federal appeals court in Atlanta has upheld the constitutionality of a Florida law that caps damages that victims can receive in medical malpractice cases. A three-judge panel of the 11th Circuit Court of Appeals made their ruling recently and issued a statement that the Florida law “passes muster” of the U.S. Constitution and Florida Constitution. Their ruling came after the family of a Florida woman named Michelle McCall claimed medical malpractice was responsible for her death after childbirth in 2006. They filed a lawsuit against a doctor they claimed was negligent.

The judge in the original case ruled that the victim’s family should be awarded $2 million in noneconomic damages, but said that the damages had to be capped at $1 million due to the new law. Many Florida personal injury lawyers feel that the cap on damages is unfair to medical malpractice victims. They cite the high costs of medical care as well as our state’s lax oversight of medical malpractice claims, a persistent problem reported in this blog earlier this year. In fact, our state’s reputation for lax enforcement is such that many negligent healthcare providers move to Florida to continue practicing medicine after their licenses have been revoked in other states.

Victims of negligent doctors, dentists and other healthcare providers don’t file medical malpractice suits to “get even” as no damages awarded in a lawsuit can undo the damage or restore function lost due to a botched procedure, oversight or another type of negligence. They file medical malpractice lawsuits because the costs associated with remedial medical treatment quickly exceed patients’ ability to pay them. Victims experience emotional and financial trauma in addition to the physical and psychological trauma of being harmed by a healthcare provider.

Mr. Cunningham has been helping medical malpractice victims receive the fair and just compensation they deserve since 1977. He sees the hardships caused by medical malpractice firsthand and works hard to help victims and their families receive the best possible outcome for their cases. If you have been injured by a negligent medical professional and want to learn more about your legal options, call today at 888-425-2004 or 407-425-2000 to schedule your free consultation.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.