Articles Tagged with pain and suffering

Published on:

Doctor performing procedureEveryone makes mistakes, even doctors. Unfortunately, however, when a doctor makes a mistake, the damage is often irrevocable. While no amount of money can completely erase any damages caused by these mistakes, money is usually the only available remedy.

For more than a decade, Florida law has had placed a cap on the amount of money that patients can recover from medical malpractice suits against a doctor. Patients or loved ones seeking non-economic damages for pain and suffering have been limited to recovering $500,000. Compensation for economic damages, however, has remained unlimited. In other words, if you or your loved one was injured severely due to a doctor’s mistake, and it resulted in pain and suffering (e.g., mental anguish, emotional trauma, etc.), the amount of compensation available has been restricted.

As of June 9th of this year, this is no longer the law. The Florida Supreme Court, in a 4-3 decision, found these caps to be unconstitutional. It reasoned that the caps on non-economic damages arbitrarily decreased the monetary amount that could be awarded to persons who have suffered the most drastic injuries without actually taking into consideration the severity of the injury. The Supreme Court ruled that this violated equal-protection rights.