2nd Fla. Appeals Court Rejects Medical Malpractice Cap

Law360, Miami (October 26, 2016, 4:27 PM EDT) -- Florida's Second District Court of Appeal on Wednesday joined the state's Fourth District in finding that a state law capping noneconomic damages in medical malpractice personal injury suits is unconstitutional, adopting an opinion currently under review by the state's highest court.

The three-judge panel from the Second District reversed a trial court's final judgment in the instant case, ordering an increase in the multimillion-dollar damages awarded to a mother and her daughter after a jury found the child suffered disabling neurological injuries as a result of negligent medical treatment during the pregnancy.

But more significantly, the opinion affirmed the lower court's...

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