The Florida Supreme Court has declared that a law capping medical malpractice payouts that’s been in effect for more than a decade is illegal and must be dumped.
The decision stems from a lawsuit filed by a Broward County woman whose esophagus was perforated during intubation as anesthesia was administered.
She was eventually operated on to repair the torn esophagus, but claims she never fully healed.
A jury awarded her $4 million in non-economic damages, but that was later reduced $100,000, the maximum allowed for that kind of damage under Florida law.
The state’s high court ruled that the cap prevents patients harmed by health care providers from getting what they are really entitled to. The caps were enacted ostensibly to control malpractice insurance costs, but the supreme court also ruled that there is no evidence the law keeps insurance in check.