Should a person who’s suffered a grievous injury due to the mistake of a medical professional or hospital have the right to sue for the disfigurement, pain, and suffering (called non-economic damages) of that mistake?
That’s a question that has roiled the nation for years and led some states to consider capping damage awards.
Where does the concept of capping originate?
Doctors and hospitals have long advanced the idea. They claim such awards add immense costs to healthcare.
The State of Florida enacted such a cap in 2003, one intended to limit damage awards for just these kinds of losses.
Was that law appropriate, fair or constitutional?
The Florida Supreme Court has just issued a decision in this matter in a case involving a woman who had her esophagus mistakenly perforated during a surgery for carpal tunnel syndrome.