The Florida Supreme Court rejected the centerpiece of the 2003 medical malpractice overhaul law. The opinion accused the Legislature of creating an “alleged medical malpractice crisis” and held that the cap on wrongful death non-economic damages violates the state constitution’s equal protection clause.

The caps limited payments for pain and suffering to $500,000 or $1 million, depending on the circumstances and the number of people involved. The Supreme Court concluded the law unconstitutionally discriminates against “those who are most grievously injured, those who sustain the greatest damage and loss, and multiple claimants.’’

The decision will effectively remove the cap on so-called “non-economic” damages when someone dies because of medical malpractice. Victims whose cases were resolved between the time the law took effect in late 2003 and today, however, will have no recourse. The Florida Justice Association estimates there are more than 700 medical malpractice cases pending statewide.

You can access the ruling at this link.