January 4, 2008

Medical Malpractice Injury Limits

Florida limits the amount of damages in medical malpractice cases to compensate for injury and death. Of course, this effects no one unless they suffer from a serious injury due to medical malpractice. Unfortunately, when that happens most of our clients are dismayed and shocked that our state legislature determined arbitrary values for the loss of one’s health or life.

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Recently, an Orlando circuit court judge found these limits in medical malpractice cases to be unconstitutional. However, it will take some time for Florida appellate courts to consider this issue. Meanwhile it is interesting to note that few Floridians are aware of these limitations or that organizations such as the exist which have spent decades backing state and federal legislation to prevent innocent injury victims to have a jury consider the real value of their injury claims.

According to legal scholars the pendulum is moving even more pro-defendant in recent years. This of course is happening because big corporations, the insurance industry and the medical associations have used scare tactics to take away the people’s right to full and fair justice. Unfortunately, as Orlando injury lawyers, we know that corporate America will continue to work to deprive citizens of their right to hold corporation accountable; rather, than working harder to keep people safe in the first place.