Archives for 2014

The Supreme Court of Florida recently ruled that the State’s caps on non-economic damages were unconstitutional in a medical malpractice and wrongful death case.  North Carolina has a similar law, and should follow Florida's lead by getting rid of our State's unconstitutional caps on compensation for victims of preventable medical errors. In Estate of McCall v. United States, __ Fla. __ (2014) (see link to opinion below), the Florida high Court held that these unconstitutional, arbitrary caps serve no purpose other than to punish injured people and increase insurance profits.  The Court debunked the myth of a “crisis” for malpractice insurance companies, citing that between 2003 and 2010 (cap enacted in 2005) medical malpractice … [Read more...]