Florida Supreme Court
New patients in a doctor’s office or outpatient clinic understand that they will have to fill out several different forms in order to receive treatment, but few truly understand the potential ramifications of signing one of the forms often included in the pile of papers. In most cases, one of the forms will be a type of contract called an arbitration agreement, which limits a patient’s right to a jury trial and also limits damages if the patient is a victim of medical malpractice. James O. Cunningham and other Orlando personal injury attorneys have fought against the legality of these contracts for years, as most people do not understand that they are essentially signing away their rights to fair and just compensation if they suffer an injury due to malpractice.
A 2003 law that dismayed Orlando personal injury lawyer James O. Cunningham and other attorneys throughout Florida may be headed for review before the state Supreme Court. That year, lawmakers passed legislation effectively capping the amount of pain-and-suffering damages that could be awarded in medical malpractice lawsuits at $1 million. Professional organizations such as the American Bar Association, the AARP and the Florida Justice Association have filed briefs recently supporting the challenge to the controversial $1 million pain-and-suffering cap and question the constitutionality of the law.