Central Florida Medical Malpractice Law Firm

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.

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