Monday, May 30, 2011

US appeals court upholds Fla. med. malpractice cap

A Florida law that caps the damages that victims can receive in medical malpractice cases was upheld Friday by the federal appeals court in Atlanta.

The 11th Circuit Court of Appeals rejected the challenge of the family of a medical malpractice victim who claimed the cap violated state and federal laws.

The court found that the Florida law, which caps noneconomic damages at about $500,000 per doctor in most cases, "passes muster" and dismissed claims from the victim's family that the law robbed them of their right to be justly compensated for medical mistakes.

The order also directed the Florida Supreme Court to address several state issues that it said were left unsettled, such as whether the cap violates the family's right to a jury trial under Florida law.

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