S.M. Oliva on Capping Medical Malpractice Judgments

On March 13, the Florida Supreme
Court struck down a legislative cap on non-economic damages in
wrongful death cases under the Equal Protection Clause of the
state’s constitution. Attempts to impose such limits on medical
malpractice awards have been a staple of conservative tort reform
efforts for decades. Yet the question of their constitutionality
has divided courts across the country. One side believes
legislatures should not overrule the decisions of judges and juries
with respect to non-economic damages; the other believes judges
should not second-guess the policy determinations made by
legislatures. S.M. Oliva argues that both sides have failed to
address the real problem, which is the inherently arbitrary nature
of non-economic damage awards.

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