Court strikes med mal caps for noneconomic damages.

A 2003 law setting caps on noneconomic damages in medical malpractice wrongful death cases has been struck down by the Florida Supreme Court as violating equal protection guarantees in the Florida Constitution.

The case produced three opinions: a plurality opinion written by Justice Fred Lewis and concurred with by Justice Jorge Labarga; a concurring opinion by Justice Barbara Pariente, joined by Justices Peggy Quince and James Perry; and a dissent by Chief Justice Ricky Polston, joined by Justice Charles Canady.

The March 13 ruling generated criticism from medical and business groups, but praises from plaintiff attorneys.

"We are very disappointed in the Supreme Court's decision," said Bill Herrle, state director of the National Federation of Independent Business Florida. "Florida's tort reform law was a rational response to the crisis in medical malpractice insurance and it helped serve the interests of both Floridians and Florida's small businesses."

NFIB had filed an amicus brief in the case.

The Florida Medical Association, which supported the legislation when it was before the Legislature, said the decision will lead to higher malpractice insurance rates and fewer doctors in Florida.

"The Florida Legislature enacted these caps in 2003 to counter the out-of-control litigation that was driving physicians out of the state and discouraging new physicians to locate in Florida. The caps have helped begin to stabilize the medical liability climate in Florida. Insurance premiums, while still high compared to other states, have started to level off since the caps were put into place," FMA President Alan Harmon said.

"Thanks to the Florida Supreme Court, we can be sure that patients will face an intensified access to care crisis. The likely outcome will be that trial lawyers will refocus their sights on physicians, meritless lawsuits will clog our courts, and physicians will move to states with a more favorable litigation climate, like Texas. Patients should expect longer wait times and reduced access to specialists like OB-GYNs, neurosurgeons, and general surgeons. This is the last thing Florida patients and physicians need."

But Paul Anderson, president of the Florida Justice Association, hailed the decision: "We applaud the Florida Supreme Court on its ruling this morning and are pleased victims and their families will have the opportunity to be fully compensated for their losses. The cap on noneconomic damages unfairly punished victims...