skip to content
blog home Medical Malpractice Florida Legislators Should Reconsider Medical Malpractice Damage Caps

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

James O. CunninghamSince 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.

Related Articles:

Do I Have A Case?

padlock 100% Secure and Confidential

Martindale Hubbell | Highest Ethical standing
  • Bar Register Preeminent Lawyers
  • The Florida Bar Board Certified
  • NBLSC Board Certified Lawyers
  • Multi-Million Dollar Advocates Forum
  • Lead Counsel Rated
  • Avvo Rating 10.0 Superb
  • The Florida Bar Certified Civil Trial Lawyer
  • Avvo Clients' Choice Personal Injury
  • Avvo Rating 10.0 Superb Top Attorney Personal Injury
  • Martindale-Hubbell AV Preeminent High Ethical Standing
  • The National Trial Lawyers Top 100
  • Super Lawyers
  • Florida Legal Elite

Client Testimonials

5 StarsMr. Cunningham is an excellent and knowledgeable attorney.
I would and have recommended Mr. Cunningham as an attorney. I am extremely happy with the service he has provided for me and my family. I will definately use Mr. Cunningham in the future if I ever need an attorney again. John, a Personal Injury client

Read Reviews

Request a free 30-minute case evaluation with attorney James O. Cunningham. Request Free Evaluation

Close Form

Receive a free case evaluation.

All submissions are personally reviewed by attorney James O. Cunningham within hours.

padlock 100% Secure and Confidential