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Case Challenges Medical Malpractice Limits in Florida

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Today, the Florida Supreme Court hears arguments in a case involving a 20-year woman who had preeclampsia when she delivered her son in 2006, and died several days later from complications caused by severe bleeding. The estate of the woman, Michelle McCall, has filed a lawsuit that challenges limits on non-economic damages in medial malpractices cases, the Orlando Sentinel reports.

The potential landmark case is at the center of attention of numerous medical and legal groups because it will challenge limits put in place in 2003 during one of the biggest political debates in Florida’s history. The Florida Justice Association lobbied against the limits in 2003 saying they were unconstitutional. A briefing on their website state, “The legal staff at the FJA has always believed that our best chance at overturning this draconian law is before the Florida Supreme Court.” The group believes this case could have a “direct impact on our health care delivery system in Florida.”

In McCall’s case, a federal judge agreed with the family that Michelle did not receive proper care and awarded her estate $2 million in economic damages; however that amount was cut in half because of the medical malpractice caps.

The 11th U.S. Circuit Court of Appeals in Atlanta that damage limits did not violate the constitution, but explained that the Florida Supreme Court should examine any constitutional issues. disclaimer: This article: Case Challenges Medical Malpractice Limits in Florida was posted on Thursday, February 9th, 2012 at 8:06 pm at and is filed under Medical Malpractice Lawsuits.

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