Florida caps in malpractice cases ruled unconstitutional

[Disir]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

 

[SavannahMann]

The only limits should be the good judgement of the juries.

 

[cnelsen]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

 

[Disir]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

 

[cnelsen]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

 

[Dan Stubbs]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

I have post here and other places that the Bushes are Progressives, this is from "Read My Lips, to his son the Gov of Fla. Number three son was a combo of a Progressive and a Conservative. Just remember just because they say they are Republicans does not mean they are conservative.

 

[Disir]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

That was the stated purpose of the legislation.

 

[cnelsen]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

That was the stated purpose of the legislation.

It may have been bad policy, but that isn't for judges to decide.

 

[Disir]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

That was the stated purpose of the legislation.

It may have been bad policy, but that isn't for judges to decide.

It failed the rational basis test and violated the Florida equal protection clause. You can't just make laws willy-nilly or simply because it's fun. There was no legitimate interest for the State here.

 

[cnelsen]

From your article it sounds like the judges were making policy rather than ruling on the constitutionality of the law. There is way too much of that. We elect representatives to make policy for us.

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

That was the stated purpose of the legislation.

It may have been bad policy, but that isn't for judges to decide.

It failed the rational basis test and violated the Florida equal protection clause. You can't just make laws willy-nilly or simply because it's fun. There was no legitimate interest for the State here.

Who decides whether a law is willy-nilly? There are lots of laws passed a hundred years ago that seem absurd to us now, and some of the laws we are passing now will seem absurd in a hundred years. Judges don't have some kind special insight which laws are rational and which aren't. Our system is set up to place that decision in the hands of the people. As flawed as we are, as subversive as the media is, for better or worse, that's what we have. The kritarchy needs to heel.

 

[Disir]

Because you don't like it; the judges were making policy.
SC15-1858 North Broward Hospital District, etc., et al. v. Susan Kalitan

Perhaps, but if they were discussing whether the caps lowered insurance costs, they've strayed far afield, it seems to me.

That was the stated purpose of the legislation.

It may have been bad policy, but that isn't for judges to decide.

It failed the rational basis test and violated the Florida equal protection clause. You can't just make laws willy-nilly or simply because it's fun. There was no legitimate interest for the State here.

Who decides whether a law is willy-nilly? There are lots of laws passed a hundred years ago that seem absurd to us now, and some of the laws we are passing now will seem absurd in a hundred years. Judges don't have some kind special insight which laws are rational and which aren't. Our system is set up to place that decision in the hands of the people. As flawed as we are, as subversive as the media is, for better or worse, that's what we have. The kritarchy needs to heel.

In this case the Florida Supreme Court, that found the state had no legitimate interest and the law was put into place to address a nonexistent issue and as such violated the Florida constitution.

 

[cnelsen]

Well, I can't argue the point, being familiar with neither the law nor the Florida constitution. But, I am surprised that they consider insurance costs to be a nonexistent issue. I don't see how a judge has the authority to determine which issues exist and which don't.

 

[IsaacNewton]

TALLAHASSEE, Fla. (AP) — Caps on how much money patients injured by a doctor’s mistakes can receive were declared unconstitutional by the Florida Supreme Court on Thursday, a decision that strikes down one of former Gov. Jeb Bush’s major policy victories.

The court ruled that the caps placed into law in 2003 were arbitrary and there’s no proof that they reduced malpractice insurance rates that lawmakers were attempting to contain. Even if they have, there’s no present crisis to justify the caps. In a 4-3 decision, justices also said the caps unfairly hurt those most severely injured by doctors’ mistakes.

“The caps on noneconomic damages … arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries,” the court said.

The law limited non-economic damages, which includes pain and suffering, against doctors in malpractice case to $500,000, or $1 million if the injuries were catastrophic. The issue was so important to Bush that he called lawmakers back to the Capitol for three special legislative sessions to get a bill passed.

The case the court ruled on involves a woman who was severely injured while doctors performed wrist surgery to alieve her carpal tunnel syndrome at a Broward County hospital. An anesthesia tube punctured Susan Kalitan’s esophagus during the surgery. She awoke and complained of severe back and chest pain. Doctors were unaware of the injury and gave her pain medication and sent her home, according to court documents.

A neighbor checking on Kalitan the next day found her unconscious. She was rushed to the hospital where doctors performed life-saving surgery. She remained in a drug-induced coma for several weeks and later had additional surgeries and intensive therapy to be able to eat again, according to court documents. She continues to endure pain and mental trauma.

A jury awarded her $2 million for past pain and suffering and $2 million for future pain and suffering. A lower court judge determined that Kalitan’s injuries were catastrophic, but the non-economic award was reduced by about $3.3 million because of the medical malpractice caps and separate law that limited the government-run hospital’s liability to $100,000.

“She suffered mentally and will for the rest of her life,” said Nichole Segal, a lawyer representing Kalitan. “She has issues raising her arms and going through the motions of daily life.”
Florida caps in malpractice cases ruled unconstitutional

Good. Jackasses.

But in the next breath Republicans will decry a family's decision to take someone like Schiavo off of life support machines.

"You greedy lowlifes will not take a doctor's or hospital's money for your greedy selves!" "You may not make a decision as a family to remove a loved one from life support, the state will do that, but YOU will pay the medical bills because WE are going to stop you from stealing doctor's money!"

It's called the 'We've Decided To Bankrupt Families Right When They Are In The Most Pain' law.