Attorneys at Law

Florida Strikes Down Damage Caps in Wrongful Death Cases Caused by Medical Malpractice

By Ryan Springer • March 27, 2014 • Filed in: Medical Malpractice, Medical Malpractice Myths

As reported here, Florida’s Supreme Court recently struck down that state’s damage cap in medical malpractice cases. This is a great development for the rights of victims of medical negligence.


Damage caps do not benefit the general public and result mainly in limiting citizens’  rights of redress. Laws imposing limits on recovery for the wrongdoing of others are promoted by well-funded, anti-consumer groups and insurance company lobbyists.  Their goal is not to pass cost savings on to physicians or patients, but rather, to boost insurance company profits, insulate incompetent doctors from liability and promote propaganda about a non-existent “malpractice crisis.” The result is that badly injured consumers and the families of those who die wind up paying the high cost of medical mistakes in the name of cheaper insurance premiums for doctors–the ones who made the mistakes.

I’ve written about Utah’s wrongful death laws, and how the State Constitution protects citizens from limits.  But many lawyers still believe that damage caps apply–even in wrongful death cases.  If you’ve suffered the loss of a loved one due to medical negligence, you deserve an attorney who will fight to hold the negligent doctors and hospitals accountable.  No amount of money can bring a loved one back, but it can help defray some of the economic hardship caused by the death, and can send a message to doctors that they must practice within the standard of care for the safety of everyone.

If you have lost a family member due to a medical error, contact malpractice attorney Ryan Springer at (801) 502-8735 for a free, no obligation consultation, or fill out the contact form below.


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