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Pain and Suffereing Damages

Florida Supreme Court to Review Constitutionality of Medical Malpractice Cap

By Orlando Personal Injury Attorney on October 13, 2011

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.

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