The Supreme Court of Florida has decided that it is a violation of the Equal Protection clause of the Florida Constitution to place a limit on noneconomic damages in wrongful death medical malpractice cases. Had the law been upheld, the amount of money for “pain and suffering” in a wrongful death suit in that state would have been limited to $1 million.
According to a story printed in the Miami Herald, the Court’s decision makes Florida “at least the seventh” state in the U.S. to declare medical malpractice award caps unconstitutional.
Although the Arizona and Florida Equal Protection Clauses are not identical, they are similar in scope in that both mandate that citizens must be treated equally under the laws of each state. Unlike Florida, Arizona is one of approximately 1/3 of states that HAVE NOT passed laws with such cap limits. Because the clauses in the Constitutions are similar, this ruling helps to prevent future cap laws from being passed in Arizona, considering the likelihood that the Arizona Supreme Court might rule similarly to the Florida Supreme Court and others that have found these types of laws unconstitutional.
If you or a loved one have an Arizona medical malpractice or personal injury case, rely on the Prescott Law Group for professional, compassionate, and results-driven representation. Call (928) 445-1909 to schedule a consultation today.