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Fishkind Commentary: State Supreme Court Medical Malpractice Ruling Exposes Need for Tort Reform

[Image: Hank Fishkind]
[Image: Hank Fishkind]

March 18, 2014 | WMFE, Orlando - There's a big change in Florida's medical malpractice laws, and 90.7's economic analyst Hank Fishkind says it's just one part of a bigger issue that ends up hitting many Floridians in the wallet.

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Last Thursday, the state Supreme Court ruled that it is unconstitutional to limit the amount of money a jury can award a plaintiff for non-economic damages, generally referred to as “pain and suffering,” in wrongful death cases.

Fishkind says removing the previous $1 million cap on non-economic damage awards opens the door to increasing an economic burden for insurance companies that is already oversized in Florida, and those costs get passed on to residents in the form of higher premiums. Not just health insurance premiums are affected, he says, but car insurance premiums are, too. He tells 90.7’s Nicole Creston that these rising prices can be addressed by tort reform.


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