Medical Malpractice – Recent Decisions

By Scott R. McMillen & Allison McMillen Florida Supreme Court strikes parts of §766.106 and §766.1065 that allowed ex parte interviews with treating physicians as unconstitutional. Weaver v. Myers, So.3d , 42 FLW S906, 2017 WL 5185189 (Fla. 11-9-2017). The plaintiff filed suit as personal representative of her husband’s estate after he was allegedly killed…

BREAKING NEWS: Florida Supreme Court Holds Med Mal Personal Injury Caps Unconstitutional

In a 4-to-3 ruling, the Florida Supreme Court today affirmed the decision of the Fourth District Court of Appeal that the Florida statute establishing caps on noneconomic damages in medical malpractice personal injury cases is unconstitutional. In its ruling, the Court wrote: [T]he caps on noneconomic damages in sections 766.118(2) and (3) arbitrarily reduce damage…