Thursday, July 3, 2014

Florida Supreme Court Finds Ample Evidence Against Caps on Damages in Medical Malpractice

In March of this year, the Supreme Court of Florida held that the state law putting a cap on noneconomic (pain and suffering) damages in medical malpractice cases of wrongful death was unconstitutional (see blog, March 15, 2014). The court in Estate of McCall v. U.S. went on at length to produce studies, reports and testimony that all found that caps on damages have little relevance to the so-called medical liability crisis which is so often cited as the need for damages caps.

One report cited by the court was a study conducted by Weiss Ratings, an independent research and analysis firm covering the medical insurance industry. This report showed that premiums in several high-risk specialties (internal medicine, general surgery, obstetrics/gynecology) actually increased at a slower rate in states that did not have damages caps compared to states that did. In addition, in states without caps, medical liability insurance premiums either remained static or declined more often than in states where caps were in place. The conclusion drawn by the study's authors was that other factors played a more important role in medical malpractice premiums than caps on damages did.

The court found other reports that deflated the myth of doctors fleeing states or areas of practice due to malpractice concerns and insurance rates, including a report by the federal General Accounting Office. In addition, some of the court's best evidence came from the insurance industry itself. In testimony before the Florida Senate Judiciary Committee, the President of First Professionals Insurance Company testified that a $500,000 cap on noneconomic damages would accomplish "virtually nothing" to reduce insurance premiums for medical malpractice. The president, Robert White, testified that the insurance company had a more positive experience in Florida when there were no damages caps than it did in Missouri, which had caps at the time.

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