FL Supreme Court says caps on Med Mal death cases unconstitutional
- Thread starter 93nole99
- Start date
Well...should we treat Doc's differently when they get sued compared to the rest of the world? Better yet, should the victims of a Dr's screw-ups get less for their suffering than folks who are victims of other wrongs?
I really don't know your take...but imagine you have one.
He's probably like every other doctor I know. Lawyers are the scum of the Earth. That is until the Florida Department of Medical Professionals Regulation wants to take their license away or the federal government wants to prosecute them for Medicare fraud. Both things happen pretty regularly. Then all of a sudden, lawyers are great.
Sorry Doc, been down this road many, many times.
Sorry Doc, been down this road many, many times.
Its all about the jury instructions. Negligence is so arbitrary and reasonable people are so hard to find these days when looking at a doctor or insurance company's wallet.
I was seriously asking your opinion. I have repped Dr's, hospitals, nursing homes, etc. I've also sued them. Gone to verdict for both plaintiffs and defendants in med-mal cases.Originally posted by Dr. Nole:
geez guys...
Do you think victims of medical negligence should be treated differently in our court system?
I'm not sure.Originally posted by 93nole99:
I was seriously asking your opinion. I have repped Dr's, hospitals, nursing homes, etc. I've also sued them. Gone to verdict for both plaintiffs and defendants in med-mal cases.Originally posted by Dr. Nole:
geez guys...
Do you think victims of medical negligence should be treated differently in our court system?
Are there examples of this being done in other types of negligence cases?
Yep. One example is sovereign immunity.Originally posted by Dr. Nole:
I'm not sure.Originally posted by 93nole99:
I was seriously asking your opinion. I have repped Dr's, hospitals, nursing homes, etc. I've also sued them. Gone to verdict for both plaintiffs and defendants in med-mal cases.Originally posted by Dr. Nole:
geez guys...
Do you think victims of medical negligence should be treated differently in our court system?
Are there examples of this being done in other types of negligence cases?
IMO the value of a wrongful death, pain & suffering, etc. should be capped and it should be unconstitutional to rule otherwise. Under equal protection construction, the courts cannot take a stand that one human life is worth more than the other citizens in the US. So by whatever benchmark you wish to make ~ whether that be "(GDP/population of the US) x (expected lifespan - actual lifespan)" or in the matter of a state supreme court, using state GDP, OR using overall public traded capital OR any other manes of calculating a single persons VALUE when averaged and compared to the whole VALUE of the population.....the reality is that in an economy, there IS a maximum value at which a person is worth so as to NOT be worth more than everyone else.
That is the only constitutional position as based upon equal protection, IMO. Any ruling that broadly states caps are unconstitutional is flawed constitutionally at the core.
That is the only constitutional position as based upon equal protection, IMO. Any ruling that broadly states caps are unconstitutional is flawed constitutionally at the core.
"Wrongful Death" was not a common law cause of action. It is a creature of the various states legislatures each deciding who should be allowed to recover, and what elements of damage should be recovered.
BBB...your "equal protection" discussion is labored brother. Doesn't really apply for a number of reasons.
BBB...your "equal protection" discussion is labored brother. Doesn't really apply for a number of reasons.
