A new case moving through the state appeals process may end up testing the constitutionality of Florida's medical malpractice caps. In the case, Rhoda Sussman of Boca Raton had won a $2.8 million judgment from a jury for her husband's death after routine knee surgery, when a clot traveled from his leg to his lungs. The caps, however, which were enacted in 2003, currently limit "pain and suffering" damages at $1.5 million in the case of a patient's death.
Despite the age of the law, this is the first major test of its viability, given how long it takes for medical malpractice cases to travel through the system. Assuming the case continues to progress through the appellate courts, it could soon become a test case that would determine the future of tort limit legislation in the state.
To learn more about the case:
- read this article from the South Florida Sun-Sentinel
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