More Changes to Florida Medical Malpractice Caps Potentially Looming
For those of you who have been following Pensacola medical malpractice news, there may soon be dramatic new changes coming directly from the Florida Supreme Court. This news comes right on the heels of the decision in McCall v. United States – less than four months ago – in which the court struck down previously established medical malpractice noneconomic damage caps in wrongful death cases. At issue now is the personal injury limit in medical malpractice cases that could be a huge coup for current and future plaintiffs statewide.
This newest case, Miles et al. v. Weingrad, presents the possibility of great change going forward for Pensacola medical malpractice law. Where the case originally was focused on the retroactive application of the noneconomic damages cap, after the ruling in McCall with relation to wrongful death cases, the personal injury cap has now been called into question on constitutional grounds, as well. The case, which originated from a melanoma surgery gone wrong resulting in chronic pain, was heard (in oral argument phase) by the Florida Supreme Court back in June and should progress in the imminent future here. The original jury awarded the plaintiff in this case, Kimberly Ann Miles, a noneconomic damages award of three times the state limit and the defendant requested that the trial court adjust this amount in accordance with the previously existing state personal injury noneconomic damage cap of $500,000.
The Opportunity in Front of the Florida Supreme Court.
The Florida Supreme Court, which reviewed McCall prior to hearing oral arguments, now has the distinct opportunity to strike down the personal injury medical malpractice award limits altogether now as unconstitutional, something that several state Supreme Courts across the country have already recently done. What does this mean for you, other potential plaintiffs, and your Pensacola medical malpractice lawyer? That there could no longer be a superficially imposed legal limit on recovery, a limit that has often left plaintiffs less than whole even after successful litigation.
If you are seeking a Pensacola medical malpractice lawyer, Joe Zarzaur of Zarzaur Law, PA is one of the leading lawyers in the entire region. Joe has years of experience and seasoning when it comes to medical malpractice, wrongful death, and a wide array of other civil litigation. In fact, he is one of just a handful of lawyers in the area to be deemed worthy of board certification – a lengthy and discerning process which recognizes only the best and qualified lawyers in each field. Joe is a veteran in the courtroom, and has fought and won a great deal of cases such as yours over the years.
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