Medical Malpractice

Are there any Florida laws that can override jury verdicts for emotional damages awarded in medical malpractice cases? Yes. Jury nullification is at the heart and soul of the “Tort Deform” movement. Its essence is that Big Business must be protected from We the People. In the area of medical negligence, the Florida Legislature has decided to substitute its judgment for that of the jury system by imposing arbitrary and capricious caps on non-economic damages. See, Florida Statute 766.118. This means that jury verdicts rendered after thoughtful consideration of the evidence are disregarded by greed driven standards.

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