Furious Florida Supreme Court Voids Medical Malpractice Caps
For years now, legislatures, doctors and insurance companies have insisted that lawyers are responsible for the increase in health care and insurance costs. For years now, plaintiff medical malpractice lawyers have tried to convince everyone that it is against their best interests to support caps. All caps do, we explained, is limit the claimants’ rights to be compensated to an artificially low amount that benefits the insurance companies at the victims’ expense.
The Proof is Here – No Medical Malpractice Lawsuit Crisis Exists
Now, the Supreme Court of Florida has stepped up to agree with the plaintiff lawyers. Medical malpractice caps, it found, are based on a fake crisis created by pro defense members of the legislatures who were lobbied by insurance companies and others who gained financially by the caps. In turn, those who were harmed and had terrible pain and suffering due to egregious medical mistakes have had their constitutional rights trampled upon. For no good reason.
In its ruling, Florida’s Supreme Court stated, the “law unconstitutionally discriminates against ‘those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.’”
No Medical Malpractice Crisis in Pennsylvania Either
In Pennsylvania, numerous controls were placed on the ability to sue for medical malpractice. Many people who were seriously injured are now unable to sue. You would think, as a result, that the substantial drop in medical malpractice lawsuits would have decreased medical costs and malpractice insurance. Nothing could be further from the truth. The reality is that the rights of individuals to sue for serious harm was damaged, while at the same time, the cost of insurance has stayed the same or increased. And of course, we all know that health care costs continue to rise, despite the decrease in lawsuits.
You Should be Angry
As people begin to realize the truth when it comes to medical malpractice lawsuits, especially when they or a loved one are harmed by a negligent doctor, they are starting to get angry. And they should be. It is clear now, as the Florida Supreme Court has stated, that this so called medical malpractice lawsuit crisis never existed. There is a crisis, but it is the fact that too many people are being harmed or killed by negligence in hospitals and doctors’ offices. Unfortunately, instead of fixing the problem and addressing the issues surrounding medical negligence, insurance companies decided to run a campaign to convince the American people that lawyers are at fault for health care costs.
Maybe now that the truth is starting to come out, we can focus on the real problem and find real solutions. Solutions based on decreasing the amount of medical malpractice occurring in the first place.