ARE LIMITS ON DAMAGES IN MALPRACTICE (OR ANY INJURY LAWSUIT) JUST?

The Florida Supreme Court is about to hear argument on a case concerning the limitation on damages for pain and suffering.  In this particular case a jury awarded the amount of one million five hundred thousand ($1,500,000.00) dollars, but the Court reduced the award to five hundred thousand ($500,000.00) dollars, pursuant to a Florida Statute, which came into effect in 2003.

The question in this case is whether the limitations should be applied retroactively.  While the lawsuit was filed against Dr. Daniel Weingrad in 2006, the injury occurred three years before that.  The Court will weigh whether retroactive application violates the Plaintiff’s due process rights.

The Defense in this case is once again relying upon the alleged “medical malpractice crisis” that allegedly drove up medical malpractice insurance costs, as the legislative intent for retroactive application.

Of course, in its deliberations herein, the Supreme Court of Florida cannot consider whether the crisis was in fact real, or allegedly manufactured by the insurance companies that write malpractice insurance coverage, as part of their relentless attempts to legislate victims’ rights to recover damages, out of the law.

One can surely argue that the financial data to support either argument may not be entirely reliable.   But one thing is for sure, that the burden of lifelong pain and suffering should not justly be arbitrarily “capped” for the victim in our system of a just and civil society, simply out of a concern to provide more profitability for a parasitical corporative entity.

One could strongly argue that despite our country’s commitment to a capitalistic economy, a just society should neither profit from its health-care systems, nor profit from insuring against its neglect.

So while the Court may be analyzing such legal concepts as legislative intent and constitutional issues of due process, eventually our legislature needs to ultimate consider what type philosophically just society we want to protect individuals’ interests.

For further information or discussion on this topic feel free to contact the Fort Lauderdale Malpractice Attorneys at the Schulman Law Group at 954-349-3300, 1-877-529-0444 or at info@www.schulaw.com