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Are Medical Malpractice Awards Subject To A Cap On Damages?

If you had asked me that question a couple of months ago, the answer would have been yes, but recently, one of our Florida appellate courts have ruled that the caps are unconstitutional. They’ve ruled that the basis for the legislature passing medical malpractice caps was that there was a medical malpractice insurance crisis. The courts have come to the opinion that there really is no crisis anymore, if there ever was one. Based on that, they’ve held that the legislative caps are unconstitutional, and as of now, it’s my opinion, they no longer exist, although the Florida Supreme Court has not yet ruled on that issue.