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Orange County Circuit Court Declares Medical Malpractice Caps on Damages Unconstitutional

In an order issued on October 30, 2007, Ninth Judicial Circuit Judge John H. Adams, Sr. held that the medical malpractice damage caps that appear in s. 766.118, F.S., are contrary to the plain language of Article I, Section 26, Florida Constitution, a.k.a. Amendment 3, "Claimant's Right to Fair Compensation". The court held that Article I, Section 26 clearly states that victims may recover certain percentages of "all damages", and this means "all of the damages that a jury could potentially award". The court reasoned that because the constitution allows claimants to collect "all" damages, the legislative attempt to "cap" those damages is therefore not permitted.

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