Florida Legislators Should Reconsider Medical Malpractice Damage Caps

By Orlando Personal Injury Attorney on September 19, 2012

There has been a lot of discussion in the media recently on the benefits of limits on the damages that medical malpractice victims can receive in court awards. This discussion is largely fueled by lobbyists and publicists for the insurance and hospital industries who say that damage caps are necessary in order to prevent medical practitioners, healthcare facilities and patients from being punished due to a small minority of negligent individuals and facilities. They say that caps are necessary to keep malpractice insurance premiums affordable for doctors and healthcare facilities and help prevent doctors from moving their practices to other states.

However, medical malpractice attorneys in Orlando and throughout the state say that proponents of medical malpractice damage caps have it backwards. They claim that limiting damage awards unfairly punishes patients injured by negligent facilities and healthcare workers. They say that limits compound the physical and psychological damages of malpractice by adding financial hardships as well.

As you might guess, this is a very complicated issue. Back in 2003, Florida legislators passed laws placing caps on non-economic damages in medical malpractice cases. Examples of non-economic damages include compensation for disfigurement, loss of companionship, loss of consortium, mental anguish, pain and suffering and other damages that may be difficult to quantify but certainly affect a malpractice victim’s quality of life.

Recently, some lawmakers in Florida and other states began reconsidering the fairness of these damage caps. This has resulted in lobbyists redoubling their efforts to keep these limits in place. However, critics of the caps are quick to point out that placing limits on non-economic damages has not decreased malpractice insurance premiums in Florida and other states. Critics also claim that as long as these caps are in place, thousands of medical malpractice victims in Florida are unfairly punished each year.

James O. Cunningham and other Orlando personal injury lawyers urge Florida legislators to take a fresh look at these caps and the adverse effects they have on victims of medical negligence. If you believe that you or a member of your immediate family is a victim of medical malpractice and you would like to speak with an experienced Florida medical malpractice attorney, call Mr. Cunningham today at 800-425-2004.

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.