Medical Malpractice Update: No More Caps

By: Dave Davidson

On June 8, 2017 the Florida Supreme Court, in a 4-3 opinion, ruled that the legislatively-established caps on non-economic damages (such as awards for pain and suffering) in medical malpractice cases are unconstitutional.  In 2014 the Florida Supreme Court determined the cap established for wrongful death claims was unconstitutional.  The 2017 decision now does away with the remaining caps.Continue reading

Florida Supreme Court Ruling Means Asset Protection is a Must

Physician Asset Protection Medical Malpractice Cap

By: Jeff Cohen

As expected for some time, Florida’s limits on non-economic damages has been ruled unconstitutional by the Florida Supreme Court.  This event will likely drive medical malpractice premiums up and have healthcare providers reexamining (a) whether it makes more sense to “go bare” (without liability coverage), and also (b) their corporate structure to minimize exposure to professional liability claims. Continue reading