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8 States Hold That Caps On Non-Economic Damages Are Unconstitutional

Florida is the eighth state to find caps on non-economic damages are unconstitutional in medical malpractice cases. Alabama, Georgia, Illinois, Missouri, New Hampshire, Oregon, and Washington have all struck down medical malpractice damage caps. Texas has very strict caps on medical malpractice suits that were enacted into law as part of the Tort Reform legislation. In its ruling the Florida Supreme Court held that the cap “offends the fundamental notion of equal justice under the law.”

The Florida Supreme Court came to this decision in the Estate of Michelle Evette McCall v. United States. This case involves a woman who bled to death during a cesarean section. In its decision the court held that the limit on damages “has the effect of saving a modest amount for many by imposing devastating costs on a few-those who are most grievously injured, those who sustain the greatest damages and loss and multiple claimants of whom judicially determined noneconomic damages are subject to division and reductions imply based upon the cap.” It is expected that many states will follow the lead of these eight states in finding economic damage caps to be unconstitutional.

Benny Agosto, Jr. is a partner at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner in Houston, Texas. For over 65 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience and resources necessary to obtain just compensation their clients. For more information, please contact the office of Benny Agosto, Jr. at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, by letter at 800 Commerce Street, Houston, Texas 77002, or by phone at 713-396-3964.


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