From the desk of Tomas Gamba

On October 30, 2007, Circuit Judge John H. Adams Sr. of Orlando declared the medical malpractice caps on damages unconstitutional in the case of Cavanaugh v. Cardiology Associates of Orlando , P.A., et al.

Judge Adams found that the Florida statute imposing caps on damages did not allow malpractice claimants to recover “all” of their damages. The Florida Constitution provides in Article I, Section 26, that victims of medical malpractice may collect “all damages” up to specified percentages. Therefore, the statutory caps were found to be in violation and unconstitutional.

Although this ruling represents the position of only a single Circuit Court judge and is being appealed, it is certainly well reasoned and confirms what the attorneys of Gamba & Lombana as well as other medical malpractice lawyers in the state have been arguing. The caps single out the most seriously injured of all medical malpractice victims and significantly limits their ability to recover their full measure of damages.

As we have done in the past, our firm will continue to vigorously argue and question the constitutionality of the statutory medical malpractice caps on behalf of our clients.