Around 35 states in the US have enforced some form of cap on claims for non economic damages in medical malpractice suits. The Physician Insurers Association of America (PIAA) data released in 2013 reveals that these caps were rejected in 9 states. Florida became the 10th state this year to void financial limits on damages. For now, the ruling applies only to caps related to wrongful death suits.
Highlights of the Ruling:
The Impact of the Ruling:
Would this affect medical practitioners who “will move to states with a more favorable litigation”, as feared by Alan Harmon, President of The Florida Medical Association? Are physicians justified in fearing that uncontrolled payouts could lead to a spike in insurance premiums?
But as data from PIAA suggests the number of states rejecting caps on claims of non economic damages in medical malpractice case is on the rise. Even if physicians decide to leave Florida, how long can they continue doing so?