Tag Archives: tort reform

Payout Limit for Birth Injuries Upheld in Florida

A recent report by American Medical News states that the Florida Supreme Court has upheld a state law that limits the amount of compensation available to parents affected by birth injuries. When a child in Florida suffers a brain injury or cerebral palsy due to the negligence of a physician, the law provides for only $100,000 of compensation. Two parents of a child who had suffered neurological injuries during birth brought a recent lawsuit forth, arguing that $100,000 simply was not enough to cover the expenses of treating a birth injury. Unfortunately, the Florida Supreme Court upheld the state limit. This is an example of tort reform at its very worst. However, the law also states that parents or guardians of children who suffered birth injuries are able to pursue financial remedy under the law. In many cases, the costs of medical treatments, therapy, physician visits and home modifications can…
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